LAW ENFORGEMENT 
on NATIONAL FORESTS 
IFORNIA DISTRICT 



S D 




UNITED STATES FOREST 
SERVICE FOR CALIFORNIA 



COERT DU BOIS 

Oiitrict Fotester 







WAS^ilNGTON 
GOVeBNMENT PUn^TING OFFICt 

19?0 



^ -h 



\. 



DEPARTMENT OF AGRICULTURE. 
M Forest Service, District No. 5. 

CoERT Du Bois, District Forester. 



LAW ENFORCEMENT ON NATIONAL FORESTS, 

CALIFORNIA DISTRICT.^ 






These instructions are supplemental to the National 
Forest Trespass Manual. Copies are nuijibered and a 
record will be kept of all persons to whom copies are en- 
trusted. They must l)e kept confidential by all Forest 
officers. Much harm may result from unauthorized per- 
sons becoming conversant with our procedure in this work. 

Forest officers will be accountable for familiarity with 
these instructions and for action in accordance with them. 
The education of reliable short-term men in the searching 
for and preservation of clues is also desirable, since guards 
will often be first at the scene of a trespass, especially of 
fire. But this is most effective when done by oral expla- 
nation, supplemented by the mimeographed portion of 
these instructions, which will be provided. Only in ex- 
ceptional cases should guards be given the complete 

instructions. 

DUTIES. 

GENERAL. 

Law enforcement, all along the line, is ngw a primary 
duty of all Forest officers. The special law enforcement 
work will be confined mostly to investigation and the work- 
ing up of its results for use in criminal court actions; but 
minor cases, in justice's court, may have to be conducted 
by rangers or other investigators. 

' Prepared under the direction of the District Forester by C. L. Hill, 
Forest examiner, assisted by C. V. Brereton, National Forest examiner. 
Lejial phases prepared by, or with the collaboration of, H. P. Dechant 
and C. S, Brothers, assistants to the solicitor. 

1 



2 NATIONAL FORESTS. 

Investigation: — In fire cases other than lightning fires, 
and in all other violations of laws or regulations applicable 
to the National Forests and properly subject to their inves- 
tigation, every special investigator and every district 
ranger, on his own district, will be expected to start, 
themselves or to make other provision for, an immediate 
investigation looking toward the detection and prosecu- 
tion (or other appropriate action) of those responsible for 
the offense, and to conduct this work with the best 
energy, knowledge, and skill at their command. 

Reports. — An informal report (verbal or written) of the 
occurrence of the offense shall be made, inunediately on 
its discovery, or as soon thereafter as communication can 
be established or the work permits, to the supervisor of 
the Forest for his information. This is especially necessary 
for decisions which he or the district forester may have to 
make respecting civil or administrative actions. Further 
reports shall be made as hereinafter provided (See pages 
68 and 70) or as specially called for by superior officers. 

Assistance. — If too many fires or other cases occur for a 
ranger to handle alone, or if difficult cases develop in which 
he desires assistance, the ranger on his Forest who attended 
the San Francisco conference, if there is one, may be called 
upon by the supervisor. If this is not possible, the super- 
visor may request from the district office the assignment of 
one of the special investigators, with headquarters at San 
Francisco, who will be available for such use. 

District rangers will thus be expected to use every possi- 
ble effort of their own in this work; but they should not 
hesitate for any reason, if they need it, to call for additional 
help. Constantly recurring fires or other offenses will 
indicate that local action must be stiffened or help 
requested. 

Supervision. — Supervisors will be responsible for the 
attitude of Forest officers to this work and for its vigorous 
prosecution on their Forests. Inspection and check 
must be maintained on the investigative work done by 
each man. Not every man is adapted to this work, and 
assignments to it should be subject to weeding. Investi- 
gative work should be judged on its merits; failure to 
convict may no "^be the investigator's fault. If a man 

n. •! ^* 

ibL 21 !y20 



NATIONAL FORESTS. 3 

fails to get results reasonably to be expected, it may be 
desirable to let him work on a case or two with a specialist 
or other experienced man before trying more cases alone, 
rather than to displace him. He should not usually be 
given charge of other cases until he has had such coaching. 

LINES OF WORK. 

Fires. — Law enforcement is concerned with man-caused 
fires. Until fires of unknown origin can be proved other- 
wise, they must be viewed as man caused, with respect 
to enforcement investigation. With respect to all such 
fires, the ranger has two duties: (1) To see that the fire is 
put out; (2) to see that every possible measure is taken 
to trace the author (or prove that the fire was not man 
caused). 

Investigation must be started even before suppression, 
in order that clues in the immediate vicinity of the fire 
may not be obliterated. But neither can suppression be 
neglected. This means that careful planning and schedul- 
ing of both lines of work with respect to all men who will 
be early on the scene of the fire will be necessary, first by 
the supervisor as a Forest policy, then by the ranger in 
charge of each district. Because investigation is new, and 
less well understood by the field men, its direction must 
be given special attention by all administrative officers, 
and fire plans must be so arranged as to permit pushing 
both lines of work simultaneously. Fire plans and 
organization must never keep the ranger sitting in the 
office as a dispatcher. Short-term men must be assigned 
\vith reference to the requirements of, and their capacity 
for, investigation, and shoidd be instructed as provided 
on page 1 of this manual. 

Fish and game. — The new Regulation T-7a marks the 
entrance into our National F'orest policy of a more vigorous 
attitude toward fish and game. These are now to be 
recognized as a national asset, which we are as bound to 
conserve on the National Forests as we are to conserve 
our timber or forage assets. The Forest Service policy 
regards use of such a resource which is consistent with 
maintenance of supply as legitimate, but as illegitimate 
any use in excess of that requirement. This raises en- 



4 ITATIONAL FORESTS. 

forcement of the fish and game laws and cooperation with 
State authorities in such enforcement from a matter of 
incidental good will to one of direct duty. The change 
in community sentiment which must be wrought to give 
thoroughgoing game law enforcement community sanction 
is more radical than that necessary in respect to fire; but 
a thorough understanding of and belief in the Service 
policy by every Forest officer will accomplish the result. 

Grazing. — Enforcement of grazing regulations has suf- 
fered in many cases from the same hesitancy in respect 
to community good will which affected fire-law enforce- 
ment prior to the push on the latter in 1918. But the 
better stockmen prefer a ranger who is able both to give 
them proper protection and to make them live up to the 
requirements of their permits. The fearless and impartial 
enforcement of grazing regulations may be expected to 
bring the same gains in community esteem, and confidence 
in our ability to administer the Forests, which are result- 
ing from fire-law enforcement. 

Grazing enforcement must bear upon cattle straying 
over allotment boundaries as well as upon sheep, and 
must not overlook violation of cattle-salting and sheep- 
bedding permit requirements. Much of this work is 
purely administrative and will not come to the law- 
enforcement investigator. But when grazing trespass is 
consistently gone after by all Forest officers, many unre- 
ported cases will probably develop, and may require 
investigative Work. Investigations of grazing trespass 
must be particularly careful to obtain exact and, if possi- 
ble, first-hand facts with respect to numbers and owner- 
ship of stock in trespass, exact location with respect to 
boundaries of National Forest land, exact terms of permit 
violated, if any, and all other essential points. 

Other trespasses. — Timber, occupancy, property and 
other trespasses on the National Forests may require law- 
enforcement investigation. In timber trespass, however, 
the facts are usually plain, and action is seldom criminal. 
Law enforcement investigation, therefore, will seldom be 
required, unless the identity of the trespasser or the time 
and manner of committing the trespass are in doubt. 



NATIONAL FORESTS. 5 

Prevention. — In all law enforcement efforts we must not 
forget prevention propaganda. An ounce of prevention is 
still worth a pound of cure. We do not hold every stock- 
man to be an incendiary, nor must we let such an impres- 
sion arise. Warn them that we intend to catch every 
incendiary and punish him; but convey to stockmen and 
all other cooperators appreciation of good work done. 
Converse Avith campers, and use the occasion for friendly 
and unobtrusive warning of the danger with fire, and 
ad\'ice on how to avoid it. This will make us friends 
rather than enemies, and strengthen our position in every 
way. 

AUTHORITY. 

FEDERAL. 

Forest officers have authority, derived from Federal 
statutes, in enforcement of Federal laws, or regulations of 
the Department of Agriculture, upon National Forests. 

STATE. 

If they have State deputy fire warden and game warden 
appointment, they have, under the statutes of the State, 
the'authority, protection and privileges of any peace officer 
of the State of California.^ Deputy fish and game warden 
appointments also carry certain advantages with respect 
to fire law enforcement. {See under Search Warrants, p. 
65.) All rangers should, therefore, be certain that they 
have deputy State fire warden and fish and game warden 
appointments. If not, make request for them through the 
supervisor. 

Violations of law touching private rights in National 
Forest communities are not ordinarily subject to police 
action by Forest officers; but we have the right of any 
citizen to lay facts before the proper authorities, or to 
ad\dse others how to do so. Action in the latter direction, 
however, obviously demands caution and judgment. 

ADVICE AND BACKING. 

When in doubt, especially on legal questions, ask for 
advice through the supervisor. Circumstances may 

2 Except that of arrest without warrant for offenses not committed 
in the officer's presence. 



6 NATIONAL FORESTS. 

sometimes require immediate action, and thus not permit 
delay for advice. When a ranger acts on the best judg- 
ment at his command, his actions and recommendations 
will be backed by tlie District Office. Legal help will be 
provided on request for conduct of all important court 
cases. 

LAWS AND REGULATIONS AND THEIR APPLI- 
CATION. 

A man can not know what he must prove unless he 
knows what constitutes a crime, according to the law in 
respect to the subject in hand. Where more than one 
course is possible, he must be able to advise intelligently 
what action should be taken. He should also have a 
reasonable degree of familiarity with what is acceptable in 
court as evidence, how it must be prepared and presented, 
and just what he can and can not do in dealing with sus- 
pects and trespassers. Even though he does not conduct 
the case in court the investigator will find this knowledge 
useful, from his interpretation and use of his first clue 
onward. The amateur detective fails more often on ac- 
count of lack at this point than at any other, except perhaps 
the possession of the fundamental investigative type of 

mind, 

FIRE. 

FEDERAL FIRE LAW. 

The Federal fire law. Act of March 4, 1909 (35 Stat., 1098) 
is as follows: 

Section 52. Whoever shall willfully set on fire, or 
cause to be set on fire, any timber, underbrush, or grass 
upon the public domain, or shall leave or suffer fire to 
burn unattended near any timber or other inflammable 
material, shall be fined not more than five thousand dollars, 
or imprisoned not more than two years, or both. 

Section 53. Whoever shall build a fire in or near any 
forest, timber, or other inflammable material upon the 
public domain shall, before leaving said fire, totally extin- 
guish the same; and whoever shall fail to do so shall be 
fined not more than one thousand dollars, or imprisoned 
not more than one year, or both. 



NATIONAL FORESTS. T 

This law thus defines the following offenses: 

1. Willfully setting on fire timber, etc., upon the public 
domain. 

2. Willfully causing to be set on fire timber, etc., upon 
the public domain. 

3. Lea\'ing a fire or allowing one to burn unattended 
near any timber or other inflammable material on the 
public domain. 

4. Building a fire in or near any forest, etc., upon the 
public domain and leaving it without totally extinguish- 
ing it. 

SUPPLEMENTARY FEDERAL STATUTES. 

Conspiracy.— The act of March 4, 1909 (35 Stat., 1096) 
defines the offense of conspiracy as follows: 

Section 37. If two or more persons conspire either to 
commit any offense against the United States, or to defraud 
the United States in any manner or for any purpose, and 
one or more of such parties do any act to effect the object 
of the conspiracy, each of the parties to such conspiracy 
shall be fined not more than ten thousand dollars, or 
imprisoned not more than two years, or both. 

It will be seen that conspiracy involves premeditation, 
to which more than one person is a party. An overt act 
is also necessary to complete the offense of conspiracy; 
but it is not necessary that the act be consummated. For 
example, going on to a National Forest to set a fire in ac- 
cordance with a conspiracy so to do, if this can be proven, 
is sufficient, even though the conspirators were later fright- 
ened away and did not set it. It will be observed that the 
penalties for the offense of conspiracy may be greater than 
for a violation of the Federal fire laws, which the conspi- 
racy may have aimed to commit. Liability for a conspir- 
acy to commit an offense against the United States can not 
be escaped because the conspirator has actually committed 
the substantive offense at which the conspii'acy aimed. 
Moreover, all the conspirators to a crime are liable, even 
though only a part of them participated in its actual com- 
mission. The value of the conspiracy law lies in its in- 
clusive sweep as to offenders under its terms and its heavy 
penalties in the aggravated cases which conspiracy usually 
involves. 



8 NATIONAL FORESTS. 

Perjury.— The act of March 4, 1909 (35 Stat. 1088) pro- 
vides as follows: 

Section 125. Whoever, having taken an oath before a 
competent tribunal, officer, or person, in any case in which 
a law of the United States authorizes an oath to be admin- 
istered that he will testify, declare, depose, or certify truly, 
or that any written testimony, declaration, deposition or 
certificate by him subscribed is true, shall wilfully or con- 
trary to- such oath state or subscribe any material matter 
which he does not believe to be true, is guilty of perjury, 
and shall be fined not more than two thousand dollars and 
imprisoned not more than five years. 

Section 126. Whoever shall procure another to commit 
any perjury is guilty of subornation of perjury, and pun- 
ishable as in the preceding section prescribed. 

This statute is often of great usefulness in dealing with a 
recalcitrant suspect, even though its specific action be not 
invoked. (See p. 55.) 

FIRE REGULATIONS OF DEPARTMENT OF AGRICULTURE. 

Under the acts of June 4, 1897 (30 Stat., 11) and Feb- 
ruary 1, 1905 (33 Stat., 628) the Secretary of Agriculture is 
authorized to make rules and regulations to preserve the 
National Forests from destruction, and any violation of 
such rules and regulations is punishable by a fine of not 
more than |500, or imprisonment for not more than 12 
months, or both, as provided for in the act of June 4, 1888 
(25 Stat., 166). 

Regulation T-1 provides as follows: 

Reg. T-1. The following acts are prohibited on lands 
of the United States within National Forests: 

(A) Setting on fire or causing to be set on fire any tim- 
ber, brush, or grass, except as authorized by a Forest officer. 

(B) Building a camp fire in leaves, rotten wood, or other 
places where it is likely to spread, or against large or hollow 
logs or stumps, where it is difficult to extinguish it com- 
pletely. 

(C) Building a camp fire in a dangerous place, or during 
windy weather, without confining it to holes or cleared 

■spaces from which all vegetable matter has been removed. 

(D) Leaving a camp fire without completely extin- 
guishing it. 

(E) Building a camp fire on the Angeles National Forest 
and those portions of the Cleveland and Santa Barbara 



NATIONAL FORESTS. 9 

National Forests which have been designated by the re- 
spective supervisors thereof without first obtaining a per- 
mit from a Forest officer. 

(F) Using steam engines or steam locomotives in opera- 
tions on National Forest lands under any timber sale con- 
tract or under any permit, unless they are equipped 
with such spark arresters as shall be approved by the 
Forest Supervisor, or unless oil is used exclusively for fuel. 

(G) Disturbing, molesting, interfering with by intimi- 
dation, threats, assault or otherwise, any person engaged in 
the protection and preservation of the forests from destruc- 
tion, including fire fighting, cutting and removing dead 
insect-infested or diseased timber, clearing the land of 
inflammable material of any kind, or doing or making 
preparation to do these or other acts necessary for the pro- 
tection and preservation of a National Forest. 

It will be seen that, by the penalties above prescribed, 
offenses under sections 52, 125, and 12G, are felonies, while 
those under section 53 and the departmental regulations 
are misdemeanors. 

FEDERAL JUDICIAL INTERPRETATIONS. 

The offense of setting fire to timber, etc., on the public 
domain may be committed, even if the fire is started on 
adjoining private land. Judge Wellborn, United States 
District Court for Southern California, in his charge to 
the jury in the case of United States v. Henry Clay (fire 
trespass on the Cleveland National Forest) stated as 
follows : 

"You are further charged that it is immaterial whether 
the fire of October 19, 1909, mentioned in this indictment, 
originated on private land, if it was set willfully, and if, in 
the course of nature and in view of all the surroundings, 
the said fire would reasonably be expected to be com- 
municated to the public domain. A man has no lawful 
right to set fire to his own property, if he has reason to 
believe or intends that such fire will be communicated 
to the property of others and destroy it. ' ' 

With respect to the meaning of the word "willful" in 
section 52, above quoted. Judge Whitson's instructions, 
(U. S. Dist. Court for Colorado) to the jury in the case of 
United States v. Fisher (fire trespass on the Colville Na- 
tional Forest) were as follows: 



10 NATIONAL FORESTS. 

"And, as to the third count, whether he wilfully set on 
fire or caused to be set on fire the timber, slashings, or 
grass there growing. It is charged in the third count that 
the act was maliciously done; but it is not necessary, 
under the statute, that malice be shown. It is necessary 
to show that the act must have been wilful; that is, inten- 
tional. Not with intent, however, to burn the public do- 
main, and destroy property, but purposely built the fire 
or purposely left it unattended or purposely failed to ex- 
tinguish it. The purpose does not apply to the result, 
but the acts charged, for one wilfully, knowingly doing an 
act is presumed to intend the consequences which natur- 
ally may be expected to flow from such an act." 

STATE FIRE LAW. 

The California State law relating to forest fires (sec. 384 
of the Penal Code as amended by the 1919 session of the 
legislature) provides as follows: 

Any person who shall wilfully or negligently commit 
any of the acts hereinafter enumerated in this section 
shall be guilty of a misdemeanor, and, upon conviction 
thereof, be punishable by a fine of not less than fifty nor 
more than five hundred dollars, or imprisonment in the 
county jail not less than fifteen days nor more than six 
months, or both such fine and imprisonment, except that 
in the case of an offense against subsection five of this sec- 
tion, the fine imposed may be not less than ten dollars. 

1. Setting fire, or causing or procuring fire to be set to 
any forest, brush or other inflammable vegetation growing 
on lands not his own, without the permission of the owner 
of such land; provided, that no person shall be convicted 
under this section who shall have set, in good faith and 
with reasonable care, a back fire for the purpose of stop- 
ping the progress of a fire then actually burning. 

2. Allowing fires to escape from the control of the per- 
sons having charge thereof, or to spread to the lands of any 
person other than the builder of such fire without using 
every reasonable and proper precaution to prevent such 
fire from escaping. 

3. Burning brush, stumps, logs, rubbish, fallen timber, 
fallows, grass or stubble, or blasting with dynamite, pow- 
der or other explosives, or setting off fireworks, whether on 
his own land or that of another, without taking every 
proper and reasonable precaution both before the lighting 
of said fire and at all times thereafter to prevent the escape 
thereof; provided, that any fire warden may, at his dis- 
cretion, give a written permit to any person desiring to 
burn or blast as aforesaid ; such permit shall contain such 
rules and regulations for the building and management of 



NATIONAL FORESTS. 11 

such fires as the State board of forestry may from time to 
time prescribe; and in any prosecution under this sub- 
section, it shall be prima facie evidence that the defendant 
has taken proper and reasonable precautions to prevent the 
escape of such fire, when he shall show that he has received 
such a permit and has complied with all the rules and regu- 
lations therein prescribed. 

4. Using any logging locomotive, donkey or threshing 
engine or any other engine or boiler, in or near any forest, 
brush, grass, grain or stubble land, unless he shall prove 
upon the trial, affirmatively, that such engines or boilers 
used by him were provided with adequate devices to pre- 
vent the escape of fire or sparks from smokestacks, ash 
pans, fire boxes, or other parts, and that he has used every 
reasonable precaution to prevent the causing of fire thereby. 

4a. Harvesting grain or causing grain to be harvested by 
means of a combined harvester, header, or stationary 
threshing machine, or bailing hay by means of a hay press, 
unless he shall keep at all times in convenient places upon 
each said combined harvester, header, or stationary thresh- 
ing machine, or hay press, fully equipped and ready for 
immediate use, two suitable chemical fire extinguishers, 
approved by the Underwriters' laboratories, each of the 
capacity of not less than two and one-half gallons. 

4b. Operating or causing to be operated any gas tractor, 
oil-burning engine, gas-propelled harvesting machine or 
auto truck in harvesting or moving grain or hay, or moving 
said tractor, engine, machine or auto truck in or near any 
grain or grass lands, unless he shall maintain attached to 
the exhaust on said gas tractor, oil-burning engine or gas- 
propelled harvesting machine, an effective spark-arresting 
and burning carbon-arresting device. 

5. Refusing or failing to render assistance in combating 
fires at the summons of any fire warden unless prevented 
by good and sufficient reasons. 

6. Leaving a camp fire burning or unextinguished with- 
out some person in attendance, or allowing such fire to 
spread after being built. 

7. The provisions of this section shall not apply to the 
setting of fire on lands within any municipal corporation 
of the State. 

The State law thus defines the following offenses: 

1. (a) Setting fire to any forest, etc., growing on lands 
not his own without permission of the owner of such land . 

(b) Causing fire to be set to any forest, etc., on lands not 
his own without permission of the owner. 

(c) No person shall be convicted of offenses "a" or 
*'b " who shall have set a back fire in good faith to check a 
fire already burning. 



12 NATIONAL FORESTS. 

2. (a) Allowing fires to escape from control to the lands 
of another person without using every reasonable pre- 
caution to prevent such escape. 

(b) Allowing fires to spread to the lands of another 
person. 

3. (a) Burning brush, etc., on his own land without tak- 
ing every reasonable precaution to prevent the escape of 
fire. 

(b) Blasting with dynamite, etc., in forest or brush- 
covered land, either his own or the property of another, 
without taking every reasonable precaution to prevent the 
escape of fire. 

(c) Burning permit and compliance with the regula- 
tions contained therein shall be prima facie evidence of 
reasonable and proper precaution to prevent the escape of 
the fire. 

4. (a) Subsection 4 puts the burden of proof on any per- 
son using any engine or boiler in or near any forest, brush 
or grass land to show that such engine or boiler was pro- 
vided with adequate devices to prevent the escape of fire 
or sparks, and that he has used every reasonable precau- 
tion to prevent the causing of fires thereby. 

(b) (Subsection 4a) The use of grain harvesters, headers 
or thrashing machines, or hay presses, unless they are equip- 
ped with approved fire extinguishers. 

(c) (Subsection 4b) The operation of gas-propelled trac- 
tors, harvesting machines, or auto trucks, or other oil-burn- 
ing engines, without effective spark and burning carbon 
arresting equipment. 

(d) The moving of any such machines or engines in or 
near any grass or grain land without such equipment. 

5. (a) Refusing or failing to render assistance in com- 
bating fires at the summons of a fire warden unless pre- 
vented by good and sufficient reasons. 

6. (a) Leaving a fire unextinguished on departing from 
camp. 

(b) Allowing a camp fire to spread after building. 

STATE LAW INTERPRETATIONS, ETC. 

Under current judicial interpretations and the attitude 
of juries, it has been impossible, despite the apparent 
wording of the law, to convict a man for setting a fire on 
his own land, if it does not spread to other land, whether 
he has taken any precautions to prevent such spread or not. 

Nor, for the same reasons, has any one been prosecuted 
successfully for failure to prevent the spread from his own 
land to that of another, of fire for whose origin he is not 
himself responsible. However, it is believed that a civil 



NATIONAL FORESTS. 13 

damage suit can in such cases be maintained and a test 
case will be made of the first one in which the damage war- 
rants and the trespasser has sufficient assets to satisfy a 
judgment, if obtained. 

It will also be observed that (except under voluntary 
agreements, such as our National Forest cooperative fire 
associations) a man can not in this State be required to 
obtain a permit for setting fire on his own land, a former 
California law to this effect having been declared uncon- 
stitutional. The possession of such a permit and compli- 
ance with its terms, according to the law, constitutes only 
a protection to burners on their own land, of which they 
may avail themselves against criminal prosecution for the 
possible escape of fire to the land of another. 

Forest officers have no jurisdiction over fires wholly on 
Indian reservations. But Indians setting fires or causing 
fires to be set, whether on reservations or not, which fires 
spread to National Forest lands, are subject to the above 
laws in respect to those offenses. If it is desired to arrest 
an Indian on a reservation for such a fire, this should be 
done through the Indian Agent. 

It is doubtful if there is statute authority by which an 
officer can commandeer property, such as an automobile, 
along with the personal assistance required by the State 
fire law, either in pursuing a criminal or in fighting fire. 
Such action, which is common by city police, may get by; 
but it probably could be called, if the citizen knew his 
rights. 

CIVIL LAWS. 

The civil laws are too voluminous for reproduction here, 
and their application is too complex to be attempted by a 
layman. It is of sufficient importance for note here, how- 
ever, that chapter 264, California Laws of 1905, as revised 
in 1919, gives to the United States the right, heretofore 
limited to the State and counties, of recovery in a civil 
action of double the damages sustained from man-caused 
fires, if the fires occurred through willfulness, malice, or 
negligence, as well as the actual damage if the fires occur- 
red or escaped accidentally or unavoidably, and the full 
cost incurred in fighting any such fires. 



14 NATIONAL FORESTS. 

In order that we may be able to hold for costs or damages, 
in a civil action, an owner of land on which a fire is burn- 
ing, in event of the escape or spread of the fire to National 
Forest land, the following things must be observed at the 
time of the fire: 

1. The owner must be notified of the existence of fire 
on his land, together with its size and degree of danger, 
and the nature and probable cost of the measures required 
to combat it. 

2. This notification must be in time to give him reason- 
able opportunity to take the required action before it 
spreads to National Forest land. 

3. If he then takes measures which are not adequate, . 
we must be able to prove, both that they were in fact in- 
adequate, and that he was informed what measures would 
be adequate and necessary. 

4. No action must be taken by the Forest Service to 
fight such a fire, before it has spread to National Forest 
land, until the owner has commenced action on it, or has 
had a reasonable time in which to do so. 

It should be noted that the above has no reference to 
criminal prosecutions. 

DECIDING ON THE PROPER COURSE OF ACTION. 

In respect to trespasses there are, in general, the follow- 
ing possible actions: 

A. Legal. 

1. Criminal. 

a. State. 

b. Federal. 

2. Civil (costs, damages, injunctions, etc.); always 

Federal, so far as concerns National Forests. 

B. Administrative: Revoking of permits or refusal of 
new ones, cancellation of priorities or reduction of numbers 
(in grazing permits), etc. 

In cases of willful fires, criminal action is mandatory, 
whenever evidence can be secured sufficient to sustain it, 
and is usually so in the case of negligent fires originating 
on the National Forests. And the effort to secure such 
evidence is equally mandatory. Criminal action may also 
be desirable in many other cases. 



NATIONAL FORESTS. 15 

Whenever substantial damage has resulted to the Na- 
tional Forest, however, the desirability of instituting civil 
suit must be considered; and if the trespasser is a Forest 
user, whether administrative action shall be taken. In 
some cases civil or administrative action may be in addi- 
tion to criminal action; in others an alternative to the 
latter. Damage suits are only of value when the trespasser 
has sufficient assets to satisfy a judgment, if obtained. 
Decision in respect to civil or administrative action lies 
with the supervisor or district forester. 

The trespass investigator must bear these facts in mind 
and make report on Form 856 to the supervisor immedi- 
ately, or as soon as necessary data can be obtained, in all 
cases where civil or administrative action may be a 
possibility, in accordance with the National Forest 
Trespass Manual. 

In all cases involving criminal responsibility, however, 
lie must protect his own work by proceeding with his 
investigation, pending further instructions, as energetically 
as if no other action were possible. 

Criminal action. — ^Actions brought under Federal 
statutes, or regulations of the Department of Agriculture, 
must be brought in Federal courts, and those under State 
statutes in State courts. 

For example, the offenses of allowing fires to escape 
from the control of the person having charge, or of allow- 
ing fires to spread to the lands of another person without 
using every reasonable and proper precaution to prevent 
such escape, should be taken up under the State law, 
since the Federal law and regulations do not include them. 

This restriction would not be true, however, if the fire 
was willfully set with the purpose of communicating it to 
other land. \\'hen it can be proved that fires set on a 
National Forest were prearranged by two or more persons, 
prosecution is also possible in the Federal courts on the 
felony charge of conspiracy, under section 37 of 35 Stat., 
1096, cited above. A few convictions for felony would 
go a long way to stop the "hobnobbing" and incendiary 
talk of malcontents, which undoubtedly are directly 
responsible for many fires other than those directly due 



16 NATIONAL FORESTS. 

to the leaders. Conspiracy, however, is an exceedingly 
difficult thing to prove. 

When an offense is covered by both State law and 
Federal law or regulation, choice of court may depend 
either upon which- law covers the case best, in view of 
local circvimstances, or the nature of the evidence avail- 
able, or upon the speed which may be expected in the 
respective courts, together with the attitude of the officials 
who would have to be concerned or of public sentiment 
in the local communities where minor courts would sit 
and from which juries would be drawn. Especially when 
a suspect can be brought to plead guilty, the justice's 
court is usually the quickest and best resort. 

Justice's courts have jurisdiction only over crimes pun- 
ishable by fine of not over $500, or imprisonment of not 
over six months. This, however, covers the maximum 
penalties provided by section 384 of the State penal code. 

A crime commenced in one county and finished in 
another can be prosecuted in either county. 

It should also be borne in mind that acquittal in a 
justice's court constitutes no legal bar to a prosecution in 
a Federal court for the same offense, provided the case 
is one of which the Federal court can take appropriate 
cognizance. 

Rewards are offered by Department of Agriculture 
Regulation (See N. F. Manual, Regs. T-2 and T-7), in 
fire and property trespass cases, subject to the authoriza- 
tion of Congress, which at the date of preparation of this 
manual, has been withdrawn, and they can not be offered 
until this is again restored. No rewards have so far been 
offered by the State of California, and none can therefore 
be had as a result of State court cases. 

As a summary, then, the State law is limited to misde- 
meanors, but is usually speedier in action than the Fed- 
eral; it is necessarily used in cases covered only by it, and 
is preferable for the less important cases covered by both 
State and Federal laws, when a plea of guilty can be se- 
cured, and in jury actions if official cooperation and 
favorable community sentiment are reasonably assured. 
The Federal law is preferable in flagrant cases and where 
it is desirable to get a case away from adverse local preju- 



NATIONAL FORESTS. 17 

dice in order to obtain trial on its merits; and is necessary 
for violations of Federal laws or regulations not covered 
by the State law, in damage and conspiracy cases, and 
when it is desired to offer reward. (But see above on re- 
ward.) A Federal prosecution is much more effective as 
a future deterrent in aggravated cases, both because of 
greater penalties in case of conviction, and because tlie 
defendant will more probably feel that he "loses even if 
he wins," on account of the heavy expense incurred by a 
Federal case. 

Action in Federal cases must be under the direction of 
the district assistant to the solicitor, and should have his 
counsel on all legal difficulties in State cases. All but the 
clearest justice's court cases will require report on Form 
856, as provided by the National Forest Manual, by the 
ranger or other investigator for decision as to action. 

Civil action. — Civil actions brought by the United 
States must be in a Federal court, under the direction of 
the district assistant to the solicitor. When civil action 
may possibly be in addition to criminal action, the report 
on Form 856 must be specially explicit with respect to the 
evidence available for criminal action, since criminal ac- 
tion instituted in advance of a civil action for the same 
offense and resulting in failure is almost certain to kill the 
chance of success of the civil suit. 

In addition to data on damage to the United States, the 
Form 856 report should also give information on the proba- 
ble possession by the trespasser of assets sufficient to meet 
a civil judgment, as well as the probable effect of the dam- 
age suit in question upon the sentiment of the community, 
which are often points requiring consideration in connec- 
tion with such suits. 

Administrative action. — Whenever a person responsible 
for a fire is a Forest user, and especially if his guilt is con- 
vincingly established in tlie mind of the investigator, but 
the nature of the case or of the evidence available are such 
as to make successful criminal prosecution doubtful, the 
report on Form 85(5 should present specific recommenda- 
tions, fully explained, with respect to appropriate admin- 
istrative action. A similar report should also be made 

173097—20 2 



18 NATIONAL FORESTS. 

with respect to users who, though not directly responsible 
for fires, fail to use proper effort to extinguish them in ac- 
cordance with the terms of their permits, who refuse to 
fight fire or to give information, or otherwise legitimately 
aid the prosecution of those responsible for trespasses, or 
who talk against fire or game protection, 

FISH AND GAME. 

LAWS. 

The fish and game laws are too voluminous for reproduc- 
tion here. Every Forest officer must have as a part of his 
law enforcement equipment a copy of the latest edition 
of the Fish and Game Laws of the State of California (or 
Nevada). The fish and game laws of California, as pub- 
lished in pocket pamphlet form by the State Fish and 
Game Commission, contain also the Federal laws and reg- 
ulations relating to migratory birds. Copies can be ob- 
tained on request either to the district forester or the above 
commission, San Francisco. 

REGULATIONS. 

In addition to the preceding, Department of Agricul- 
ture Regulation T-7a provides as follows: 

Reg. T-7a. — The going or being upon any land of the 
United States, or in or on the waters thereof, within a Na- 
tional Forest, with intent to hunt, catch, trap, willfully 
disturb or kill any kind of game animal, game or nongame 
bird, or fish, or to take the eggs of any such bird, in viola- 
tion of the laws of the State in which such land or waters 
are situated, is hereby prohibited. 

This regulation brings violations of the State fish and 
game laws into the jurisdiction of the Federal courts, when 
it is desirable to invoke their action. An important point 
is that this regulation permits prosecution for intent. 

COURSE TO PURSUE, 

Legal action. — In fish and game violations legal action 
will be criminal only. Whenever this can be done in co- 
operation with the State fish and game commission or their 
wardens, effectively and without excess cost in time and 



NATIONAL FORESTS. 19 

money to the Service, it should be so done. Their co- 
operation will often divide the time and cost of the neces- 
sary work. 

In some cases, however, their men may not be located 
so that they can promptly undertake specific investiga- 
tions or prosecutions. Game refuges also present aspects 
which may require independent action, since it has been 
ruled by the courts that these refuges must be properly 
posted and patrolled before action against offenders upon 
them is possible in the State courts. Action in such cases 
may be taken, under Department Regulation T-7a, in the 
Federal court, provided tlie offender can be caught on 
Government land, and that fact proved to the court. 

Administrative action. — The relation of administrative 

action to fish and game cases will be collateral, as in fire 

cases. • 

GRAZING. 

REGULATIONS. 

Grazing trespass is almost wholly governed by Forest 
Service Regulation (T-4) and terms of permit. For con- 
venience the following is reprinted from the National 
Forest Trespass Manual : 

The following acts constitute trespass : 

(A) Allowing stock not exempt from permit to drift and 
graze on a National Forest without permit. 

(B) Grazing or driving stock not exempt from permit on 
National Forest land ^^•ithout permit. 

(C) Violation of any of the terms of a grazing or crossing 
permit. 

(D) Refusal to remove stock upon instructions from an 
authorized Forest officer when an injury is being done to 
the National Forest by reason of improper handling of the 
stock. 

COURSE OF ACTION. 

Legal action in grazing cases, whether criminal or ci^il, 
falls in the Federal court. Questions of civil or adminis- 
trative action are especially important in grazing trespass, 
and the super\-isor must be kept in correspondingly close 
touch with all developments, especially by Form 856 report. 

The first distinction lies between permitted and non- 
permitted stock. 



20 NATIONAL FORESTS. 

In the case of unpermitted stock, legal action is the only 
recourse. If material damage has resulted to the National 
Forest, a ciAdl suit should be brought against the owner. 
Criminal action can also be instituted if the gravity of the 
case warrants. If the damage is slight, criminal action 
only should be resorted to. When for any reason neither 
civil nor criminal action against an owner of trespassing 
unpermitted stock seems feasible and settlement of dam^ 
ages can not be obtained, such settlement should he re- 
quired as a condition of favorable action if the trespasser 
applies for a permit in the future. When any grazing 
trespass involves negligence or knowing participation on 
the part of the herder or other person in charge of the stocky 
criminal action should be brought against him, either with 
or without actions against the owner. 

In the case of permitted stock, both legal and adminis- 
trative action are possible. Double penalty should seldom 
be invoked, however, and revocation of permit is usually 
a greater penalty than any possible damages or fine. The 
gravity of the offense and the effect of possible actions 
upon the permittee should always be considered, however. 
Only in aggravated cases shoidd he be put out of business 
by revocation of permit; in lesser cases where disciplinary 
measures appear preferable to legal action, reduction or 
some less severe administrative action than revocation 
should be chosen. Damage suits should only be brought 
when the damage is commensurate with* the cost of the 
action, and when the trespasser has sufficient assets so that 
damages can be recovered. A man's permit can be re- 
voked for conviction of cattle theft, but not for rumors of 
it. In the latter case, however, we are justified in investi- 
gating the rumor and laying the results before the proper 
authorities. Criminal prosecution should be used more 
than in the past, especially \s5.th respect to herders, pro- 
vided we do not lay ourselves open to a just charge of 
prosecuting subordinates only, when their principals are 
cognizant of or responsible for the trespass. 

Suits can not be brought by the Forest Service for tres- 
pass on private land waived under Regulation G-7, the 
courts having held that waiver does not release such land 
from the jurisdiction of the State law. This is often an 



NATIONAL FORESTS. 21 

obstacle to effective grazing enforcement. If the permit- 
tee is willful or negligent as to trespass, however, he can 
often be caught by lying low until his stock are found on 
Government land. 

With respect to trespass on mineral return (R. R.) land, 
the possil)ility of damage suit is doubtful, although not so 
clearly excluded as on waived land. 

TIMBER. 

On timber trespass, covered l^y Regulation T-3, see 
under "Duties," jjage 4. 

OCCUPANCY. 

REGULATIONS. 

In occupancy trespass, as covered by Regulation T-5, 
the provision under which law enforcement investigation 
will most often figure is probably the last clause, requiring 
occupancy, structures, etc., on claims to be "for the actual 
use, improvement, and deA^elopment of the claim, con- 
sistent with the purposes for which it was initiated. " This 
provision should cause a careful scrutiny of wildcat mining 
claims and others, wdiich are still in some localities being 
used as a cover for the enjoyment of uses or benefits not 
consistent with the purposes for which the claims were 
initiated. 

COURSE OF ACTION. 

Action in occupancy trespass will be mainly legal, and 
this almost entirely civil. This will require uniform ref- 
erence of cases to supervisor and district forester for decision 
on action to be taken. Civil action may be for injunction,, 
ejectment, cancellation of easements, or other rights not 
legitimately used, or for quieting of title, etc. Legal 
action ^\dll lie in Federal courts only. 

Administrative action would only figure collaterally, as 
in fire cases, but should not be overlooked when the tres- 
passer holds any Forest permit. 



22 NATIONAL FOEESTS. 

PROPERTY. 

LAWS AND REGULATIONS, 

Property trespass, as provided for by Regulation T-6, 
covers only defacement, damage or destruction, etc., to 
Government property, including notices and signs, or 
going or being upon National Forest land with intent to 
commit the same. Property offenses which may require 
law enforcement investigation and prosecution, may in- 
clude robbery or theft, under the Criminal Code, act of 
March 4, 1919, sections 46 or 47 (35 Stat., 1097), which 
provide as follows: 

Sec. 46. Whoever shall rob another of any kind or 
description of personal property belonging to the United 
States, or shall feloniously take and carry away the same, 
shall be fined not more than five thousand dollars, or 
imprisoned not more than ten years, or both. 

Sec. 47. Whoever shall embezzle, steal or purloin any 
money, property, record, voucher, or valuable thing 
whatever, of the moneys, goods, chattels, records or pro- 
perty of the United States, shall be fined not more than 
five thousand dollars, or imprisoned not more than five 
years, or both. 

Section 48 of the same statute also provides similar 
penalties to those of section 47, for knowingly receiving, 
concealing, etc., Government property, stolen as in 
section 47. 

Legal actions in property offenses will be in Federal 
court, and will in most cases be criminal. Civil action, 
for the recovery either of damages, or the property itself 
(replevin), is not precluded, and may be either in addi- 
tion to criminal prosecution or as an alternative to the 
latter. But the expediency of damage suits is question- 
able here more often than in most other trespasses, on ac- 
count of improbable possession by the trespasser of assets 
sufficient to be levied upon. 

INVESTIGATION. 

GENERAL METHODS. 

Qualifications. — The greater a man's ability the more he 
can accomplish, in this as in any other work. Qualifica- 
tions peculiarly necessary for an investigator are observa- 



NATIONAL FORESTS. 23 

tion, common sense, work. Nothing is so small as to be 
safely overlooked; a whole case may turn on what seems 
a most unimportant detail. On the other hand many 
details are unimportant. The correct judging of impor- 
tance hinges largely upon the imaginative power to picture 
constantly in the mind the whole case and its probable 
development; beware of letting anything go as unimpor- 
tant without thus carefully weighing it. 

Catching a criminal is a battle of wits; the side which 
thinks hardest all the time wins. No stone can be left 
unturned, no reasonable theory left untried. Success in 
difficult cases requires special aptitude, as well as ex- 
perience. But only with hard work and hard thinking, 
concentration of every energy on the one issue in hand, 
and wholehearted devotion, will anyone carry this work 
to success in spite of discouragements, apparently un- 
solvable problems, and unfavorable jury decisions when 
it has seemed that the case couldn't go wrong. And all 
of us can give these. 

Preliminary information. — The best success demands 
thorough preparation. This includes not only a know- 
ledge of the laws and procedure under which we work, 
but the details of all lawless regions, such as topography, 
trails and other get-away avenues; of the persons existing 
in every community who know all about the rest of the 
community, and the cultivation of their goodwill so that 
you may turn to them for information when necessary; 
of the habits, rendevous and associates of general com- 
munity suspects and of their family, business and other re- 
lationships, so that in seeking information from others you 
may not unwittingly kill your own game by approaching 
one of their close sympathizers; and even of the interior 
arrangements of their houses and residence premises, such 
as the location of stairways, bedrooms, closets and store- 
rooms, against the possible necessity of serving search 
warrants there. Such information with respect to resi- 
dence premises can often be obtained by using the oppor- 
tunity of plausible business pretexts to call on them. 

Starting out. — Investigative work, especially in fire 
cases, demands even greater speed in get-away than sup- 
pression. If footprints lie for days, or even until after the 



24 NATIONAL FORESTS. 

suppression crew has tramped over the ground, before 
they are investigated, not only may they be obliterated 
by others, but the defense will not be slow to take ad- 
vantage, in a court trial, of the possibility that tracks 
proved to be those of the defendant could have been made 
after the offense was committed . The latter danger applies 
to other trespasses as well as fire. Our only safety lies in 
starting investigation on the ground with all possible 
speed. 

How many men. — Never rush in a mob. Unless some- 
thing is wrong with the protection organization, even fire 
suppression should not require sending many men at first. 
For investigative purposes two is best, since it provides 
for witness and assistance, while reducing the chance of 
confusion and obliteration of clues. The matter of assist- 
ance is specially important in case of arrest, to give the in- 
vestigator someone with whom safely to leave the arrested 
person and thus keep him from his friends, if it should be 
necessary for the investigator to go elsewhere or to attend 
to something else. 

Equipment. — To get away quickly the investigator must 
have his equipment packed and ready beforehand. A 
notebook is one of the most necessary items. Everything 
must be written down; no detail is too small. This be- 
comes especially important when the case must be taken 
up later by a special investigator who has not participated 
in the initial hunt for clues. Each searcher for clues 
should also have a map. A United States Geological 
Survey quadrangle, or a Forest recreation map, if accurate, 
is the most convenient base map on which to keep the 
general lay-out. (For other items of equipment, see 
Appendix A.) 

What to do. — The first man or men at a fire must either 
take up the hunt for clues or insure that these will not be 
destroyed until the investigator can get there; must keep 
their eyes open for them in either case. They should see 
that fire fighters are kept from crowding around the fire 
until the ground has been looked over for evidence; must 
make all fire fighters stop horses and keep off the trails 
themselves, for at least 100 yards from the origin of the fire. 



NATIONAL FORESTS. 25 

Require men in charge of fire lighting to keep eyes open 
for clues, note people met on trails, with time of meeting, 
especially outsiders first on the scene of the fire, who may 
be the setters, with an irresistible desire to see it burn; to 
keep ears open for boastful or antagonistic remarks of fire 
fighters, who may themselves have set the fire or know of 
those who did; and to report anything learned at once to 
the district ranger or other investigator. 

SEARCHING FOR CLUES. 

What are clues f — Absolutely no deed is done without 
leaving clues; the only question is our ability to find them. 
A no-clue case means only that we are not up to the scratch 
in finding them. 

Anything is a clue which has any connection with the 
offense or its author. Tracks, camp fire, or lunch remains, 
"plant" used to set off a fire, blanket or other threads 
pulled off by brush or trees, hairs, scraps of paper or other 
things carelessly or unintentionally left by the offender, 
etc . , are examples. A good working rule is that everything 
is to be held as a clue which can not be accounted for with- 
out reference to the offense. 

But nothing is really a clue without the interpretation 
which can connect it with the deed. Some things, such 
as tracks, the Forest officer can interpret better than any 
outside expert — in other words, we are ourselves the best 
experts. Other things can only be interpreted by those 
with special training, as for example, the microscopist, 
the chemist, or other specialists. No smallest thing is 
unimportant until it is certain that it has no useful con- 
nection with the case. 

The working theory. — To guide the investigator in the 
interpretation of clues or evidence, two things are neces- 
sary: (1) Every bit of knowledge he can gather, before 
leaving for the scene or on the way, as to the offense, 
including its occurrence, surrounding circumstances, and 
proljable author and motive; (2) the building of a mental 
picture or reconstruction of all that one knows of the case. 
This must be constantly building and constantly revised. 
Nothing else will prevent wandering, loss of time, and 
possible failure. At the start it may consist only of a 



26 NATIONAL FOEESTS. 

"hunch" as to who set the fire or where to look for clues; 
but every new thing found will contribute to it. This 
mental reconstruction, or theory of the case, is the indis- 
pensable bridge by which we cross from things already 
known to those still to be found out. 

How to search.- — After arriving on the scene, first locate 
the critical point; for example, the origin of a fire. If the 
point of origin is not evident, beware of jumping to con- 
clusions; the incendiary, or other criminal, does not do 
the obvious thing, if he has any sense. Then examine 
minutely the immediate area. Definite system is abso- 
lutely necessary in this search. Go systematically around 
the circle, widening the circles each time; but keep them 
close enough together (say 3 feet apart at first) to make sure 
that every foot of ground is minutely examined. Drop 
markers to show where each circle ends. 

Notebooh record. — Record must be kept of everything 
found and done, and of all conversations held or informa- 
tion learned. Court proof can depend on nothing less than 
definite written record. Describe everything found, first 
as is, then as moved by the offender, and record them in 
the same definite order in which they are found. The time 
of every occurrence or find, and of every notebook entry, 
should be recorded. Also be sm'e to get from suppression 
foreman, or other sources, the exact time fire was started, 
discovered, fighting commenced, etc., time persons were 
met on trails, and all other significant circumstances. The 
time record is essential. But it will be sure to fall down 
unless all concerned religiously cultivate a look-at-the- 
watch habit. 

The notebook record must contain everything. It must 
also be in orderly enough form to be made rapid use of. 
For both these reasons it must be made as you go. This 
takes time; but end-of-day writing up will not work, and 
will not be tolerated, on this job. For specific points of 
importance in the notebook record, see index under 
"Record, notebook." 

Map record.- — An accurate map is the best means of show- 
ing many of the facts of trespass, for the trespass report or 

in court, and is necessary in every case. The field draft 

) 



NATIONAL FORESTS. 27 

of this map can be prepared on the ordinary map forms. 
(On the preparation of such maps, see also p. 70.) 

Look over your map when made, to be sure it is com- 
plete. Especially in maps of a man's trail, as well as of 
streams, be sure to indicate direction of travel by arrows. 

Handling evidence maierial. — Do not touch any objects 
found which will figure as clues or evidence until they 
have been accurately described, and if possible, photo- 
graphed, in place. Then pick them up and see if there 
is anything further to be described which was not evident 
in place. But pick up nothing which might have been 
handled by the offender, except by the edges or corners. 
This is imperative because of possible fingerprint evidence, 
which your own finger prints would obliterate. A good 
suggestion is to handle such material only with gloves kept 
carefully cleaned by gasoline. With respect to photo- 
graphs, remember that any photographs involving scenery, 
to pass as evidence, must be taken from the level of the 
eyes (not stomach-high, as a camera is ordinarily held) and 
must show on reverse that fact, together with the direction 
in which taken, angle of view included, etc. 

When anything is found, think at once. What will be 
necessary to establish the identity and authenticity of 
this if needed as evidence in court? Collateral supporting 
or corroborating evidence may be necessary; a witness to 
its finding is also invaluable. Now is the time, by getting 
everything thus required, to save the annoyance of a sec- 
ond trip. In any case, the finder must put on all objects 
found a private mark, in a hidden or inconspicuous place, 
by whicn he can himself identify it in court as the iden- 
tical object found. This, together with the notebook 
record of the circumstances of finding, in their chrono- 
logical order, in a hound notebook,' is the best safeguard 
against an intimation by a shrewd defense attorney, to the 
possibly serious prejudice of a jury, that evidence has 
been "planted" by the prosecution. 

All objects which it may be desired to use as evidence 
should be guarded with the utmost care, to avoid possi- 

3 A looseleaf notebook is much weaker as court evidence, since it is 
open to the possibility of a given page having been inserted afterwards. 



28 NATIONAL FORESTS. 

bility of loss, or their purloining by the defendant or his 
sympathizers. The district ranger, or special investigator 
in charge, should take personal charge of all such articles, 
unless it be convenient to turn them over to the custody 
of a United States marshal or a sheriff. In the latter case, 
the Forest officer so turning them over must, of course, 
take a receipt, and so note them in his notebook record 
that they will not be overlooked in aa orking up his material 
for the case. This care in having such objects under con- 
tinuous and responsible custody is also a safeguard against 
suspicion of "planting." 

THE PLAN OF CAMPAIGN. 

The case which we build up must be, 

(1) True. 

(2) 'bmplete. 

(3) Proved by evidence \^hicli will stand in court and 
convince a j \iry . 

(1) The true case. — "We start with a few facts and a tenta- 
tive theory based upon them and our best surmises. 
Whenever new clues or facts are found, ask yourself (a) 
What instructions, if any, are there in respect to a situation 
like this? (b) What does this act mean? (c) On the basis 
of facts to date, if I were the criminal, what would I do 
next? Sit down and smoke a pipe over it, if that will 
help. There is no time to be wasted, but right interpre- 
tation of facts, and right action respecting them, are so 
essential that the time necessary to insure these will yield 
bigger dividends than half-baked haste. Moreover, most 
of us find general instructions so difficult to apply to con- 
crete cases, that it requires specific and conscious effort; 
but to do it is a constant necessity until familiarity with 
the instructions becomes second nature. Most of the past 
failures in law enforcement have been on points directly 
covered by unheeded instructions. No instructions are 
beyond improvement; but every investigator will be held 
responsible for following them, unless other action is 
proved better by actual results. 

With lespect to the working theory, the simplest one 
which will explain the facts is always preferable; but the 
theory is never complete until the case is closed. At all 



NATIONAL FORESTS. 29 

times, but especially at first, when the theory is based on 
few facts, it must be lightly held, subject to modification 
at any time by what shall be discovered next, regardless of 
whether the new evidence agrees with the previous theory 
or not . 

Such open-mindedness, viewing every new fact on its 
own merits, is harder to maintain than many people sup- 
pose, and requires constant and definite effort. It is 
extraordinarily easy to overvalue new facts which coincide 
with one's theory already built, and to undervalue those 
which do not. But nothing is more fatal to success, or 
more common among inexperienced investigators, than 
such a preconceived theory which its holder will not 
change when e\idence contrary to it appears, but will 
instead discredit the evidence, regardless of its weight. 
Therefore it is necessary systematically to review one's 
theory in the light of all facts to date, every little while. 
Especially beware of believing that any given man could 
not have set the fire — believe your evidence; in investi- 
gation, we must reverse the legal rule and believe anybody 
guilty until he is proved innocent. Beware of thinking 
the criminal could not have made so big a blunder, when 
such apparently develops — he usualh does blunder some- 
where, otherwise he would never be caught. 

This does not mean that every apparent fact should not 
be searchingly examined and made to justify itself, but 
only that it must not be dis':'arded without weighing such 
proof, because of a theory previously to the contrary. Our 
theory of the case, then, must be constantly building as 
new facts are found . 

In building a sound theory there are four steps: 

(a) Clear definition of the problem. This may not 
be what it first appears; be sure you know what the diffi- 
culty is. 

(b) Cast about for possible solutions — not only the first 
one which occurs to you, but as many' as you can figure 
out; then compare their merits and select the most prob- 
able one. 

(c) Reason out the developments of this idea to its con- 
clusion; pushed to this conclusion it may not hold water, 
when this fact is not apparent without it. 



30 NATIONAL FORESTS. 

(d) Constantly test your theory —by searching for further 
evidence, or by experiment. Keep your eyes open for, 
and give honest weight to, evidence indicating some other 
theory as more probable. 

(2) The complete case. — To be complete, the case must 
answer the following questions: (a) ^^^hat was the offense? 
(b) where was it committed? (c) when was it done? (d) 
how was it accomplished? (e) who did it? (f) why did he 
do it? 

Memorize these six words, ivliat, where, when, how, who, 
why, and frequently test by them the completeness of 
both your theory and the facts so far actually established. 
This will be one of the greatest helps in planning what 
remains to be done. 

(3) The case which will stand in cowr/.— Proof which 
will convince a jury "beyond a reasonable doubt," 
which is necessary for a criminal verdict, is much more 
difficult to establish than a case which will convince our- 
selves. Individual judgments take much knowledge 
for granted, but a court must, generally speaking, have 
actual proof of every miaterial point. If you hear a shot, 
for example, and on going toward it find a man standing 
over a dead doe, you won't be long in reaching a con- 
clusion. But if you arrest him while he is only looking 
at it, you are liable to lose your case in court. You might 
possibly be able to find someone who saw him shoot and 
the doe fall. But if you lie low until he puts his hand 
on it to take possession, you have got him on that count, 
whether you can prove that he killed it or not. When- 
ever a fact is found which points to a material conclusion, 
ask yourself, (a) Does this sufficiently prove the conclu- 
sion? (Id) What else, if anything, will be necessary to 
establish or corroborate it in court? 

A jury will only be convinced by a complete chain of 
circumstantial evidence, both as to facts and the proof 
that they are facts. Constantly review this chain while 
following clues, to be sure no link is omitted. Also bear 
in mind that any one chain may be broken somewhere by 
the defense; therefore build all the lines of evidence 
possible to your conclusion. 



NATIONAL FORESTS. 31 



SPECIAL CLUES. 



Tracks. — Tracks are among our most important clues. 
If a fire was set, or other offense committed, by human 
agency, a man walked or rode there to do it. He may 
sidestep or cover up tracks in the immediate vicinity of 
the offense, or they may be burned over, or obliterated 
by others. Further out he will settle down to normal gait. 
If no tracks are found at or near the origin, widen out. 
Begin this wider search at the most likely points; but 
until the tracks are found conduct the search on a rigid 
system, so that no area will be overlooked. If it is possible 
to get wind of the present whereabouts of the suspect, the 
investigator should of course cut away and get him, leaving 
assistants to connect up the complete trail for use as evi- 
dence, or postponing this until the suspect is disposed of. 
For the man who has gone in pursuit of the suspect it 
saves time and is usually just as effective to take up the 
completing of the trail backward, from the point where 
the suspect is taken, to the point where it was previously 
left. 

Identification of tracks. — Study of details is essential; 
dimensions and shape of imprint, nails (present and miss- 
ing), seams, creases, cracks, or other distinctive marks; 
wear, repairs; age of track, methods of putting down the 
foot (t^vist as foot strikes the ground, etc.), angle of feet 
(toes out, straight ahead or in) and differences l)etween the 
feet in this angle, if any; barefoot, smooth or rough shod 
horse tracks, specially shaped or weighted shoes, and gait 
of animal (as trot or pace). 

Age of track. — This is shown by sharpness of impression, 
by moisture and color, whether leaves and dirt lumps 
have fallen into it, or tracks of insects, birds, etc., or other 
man-caused tracks have crossed it; and by the condition 
of broken green twigs, etc. One of the best indications is 
the condition of manure dropped by an animal. A trail 
made at night is often known by the way it bumps into 
or makes detours around obstacles. Whether a horse 
was ridden or led may be shown by whether the trail 
passes under or around low-hanging limbs. 



32 NATIONAL FORESTS. 

Other indications, — Speed may be approximately shown 
by degree of slide at heel, depth of heel edge and toe edge, 
length of drag at toe, and distance between tracks. The 
class of person or animal can sometimes be deduced from 
tracks (high-heeled vaquero boots, new or pointed-toe 
city man's shoes, horse shoes vs. mule shoes, etc.); also 
whether drunk or sober; carrying burden or free (feet 
wider apart, steps shorter and more unsteady with bur- 
den); and existence of bodily defects (step is shorter on 
lame leg; injured knee or hip twists foot tracks, etc.). A 
confidential talk with the local shoemaker or blacksmith, 
if there is one, will often give light on the ownership of 
shoes which make a peculiar track. 

Following trachs. — This requires experience and skill. 
Points sometimes overlooked are the following: In dry 
pine needles, breakage or minute differences in color are 
often discernible on hands and knees, thougb the needles 
have sprung back to position and no trace is visible while 
standing. Tracks in dry grass also require extremely 
close attention; barring wind, grass will usually hold what 
impression is made until the coming of night dew, fog, or 
rain. Through brush a trail can be followed by broken or 
skinned twigs near the ground when it is invisible on the 
ground itself. When the trail is broken or lost, circle 
ahead in the probable direction of the trail; stakes set 
by tracks found will help line up the course. 

Coinparing trades. — To convince a jury we must abso- 
lutely identify tracks found with known tracks of the 
suspect. A track may be compared with a foot or shoe 
for identifying marks, but in respect to dimensions it is 
better to compare tracks, and also moving tracks with 
mo\dng tracks, since tracks made in soft earth, especially 
at high speed, are always shorter than the foot making 
them, due to push toward center at heel and toe. 

Getting check tracks for comparison is often ticklish 
business. An innocent man should not object to letting 
his track be measured; but he may take offense at the sus- 
picion. Tact should be exercised not to antagonize inno- 
cent persons; but no one can be assumed to be innocent. 
If the evidence points to guilt, the tracks must be obtained. 
This is sometimes possible by indirection. In the case of 



NATIONAL FORESTS. 33 

human tracks get the suspect to come outside on some 
pretext, and lead him across ground where he will leave 
a good track, which can be measured afterwards. Horses 
similarly; or, if the owner objects, use a search warrant 
(which see). 

Auto tracks. — How to tell the travel direction of autos 
puzzles many investigators. On earth roads the following 
are indicators: pattern imprint of nonskid tires, which is 
steeper and more distinct on the rear side of each inden- 
tation; stones which are shoved ahead by wheels, the 
track of the stone usually being intact close behind where 
it stops, and dust being piled by the shove on the forward 
side; imprint of partly embedded stones slightly displaced 
by the wheels, the displacement being backward in very 
small stones and forward (or both forward and then back- 
ward) in those large enough to receive lateral as well as 
downward pressure; a sprinkling of sand or dust, which is 
found on the rear side of stones or other obstructions passed 
over by the wheel, while the forward side is usually swept 
clean; direction of skid on side slopes or against angling 
rocks or water breaks; the jump (when speed is sufficient) 
off the forward side of such obstructions, or in dropping 
into chuck holes; impact (wider tire imprint) on the for- 
ward side of chuck holes or against obstructions; action in 
ruts, where, in dropping in, a wheel will run off the high 
side to a feather edge, while in climbing out it will stay in 
the rut until side pressure forces it to climb out abruptly; 
the direction in which water drops or mud are carried out 
of a mud hole or a stream ford; traction slips, which occur 
in going up steep grades; the turn on curves, which is 
usually more abrupt on leaving than on entering a curve; 
the deeper impression due to standing, at stops in soft soil, 
the impression being more pronounced at its rear side; 
the " Y " where a machine backs out from a roadside stop. 
Even if no one sign is conclusive, the sum of those gathered 
by following the track closely for some distance will in 
most cases lead to a sure conclusion. Don't give up too 
soon. 

Excessive speed will almost always be disclosed by wind 
swirl disturbances of the track, the distance of side throw 
173097—20 o 



34 NATIONAL FORESTS. 

of sand, mud or water, side lurch on rough road, and the 
length of wheel jump in passing over obstacles. The size 
of car is approximately indicated by the width of tire 
tread, although this is affected by the amount of load, as 
well as by the air pressure in the tires. When the load is 
heavy, there is a higher piling up of the dust ridge which 
is left in the center of the wheel track by the suction and 
thrust of traction on pneumatic tires. 

Tracking autos is rendered easier if, where campers are 
registered on the forests, the auto numbers are taken. 

Proficiency in tracking. — Whether of autos or men or 
animals, this proficiency can only be gained by actual 
practice, and plenty of it. But while trackers can not be 
made from books, one tracker can often tell another new 
kinks, and we can all learn more by study of our work. 
Let every man keep his eyes open, and send in new things 
of which he learns, or clues familiar to him but not men- 
tioned here, for the benefit of all. 

Moreover, many who know can not tell how they know, 
and the discussion of these instructions will help us in the 
latter. The importance of this must not be overlooked; 
in court we will surely be asked this question, and the 
opposing attorney will discredit our testimony if we can't 
tell. "You must not only know that you know, but also 
know hoiD you know." 

Record of tracks. — The original track, or a cast or replica 
of it, is the most convincing CAddence in respect to it. 

The original footprint can often be solidified sufficiently 
to be dug out and preserved, by means of Water glass. 
This is especially useful in sand, or sandy soils. If the 
soil containing the print is firm enough not to be displaced 
by it, the water glass can be poured directly into the print. 
If not, dig a shallow trench, a couple of inches wide and 
deep, around the print and a couple of inches distant 
from it, and flow the water glass into the trench, until it 
has been soaked up by the soil so that it shows on the sur- 
face of the print. Then let it stand for a day. The print 
can not be pried out, but must be carefully freed by dig- 
ging the soil away from around and under it. It must also 
be handled with much care thereafter, and this reduces 



NATIONAL FORESTS. 36 

the value of the method when conditions, such as trans- 
portation, are not favorable to the required care. 

In this and many other cases a more desirable method is 
to make a cast of the track yrith plaster of paris, or neat 
Portland cement. Plaster of paris sets more quickly. 
The builder's finish plaster grade is good enough. Cement 
is often more available to a Forest officer. From the cast 
a replica of the track can then be made, or not, as desired. 

When the soil composing the print is firm enough, the 
plaster or cement can be wet-mixed by stirring carefully 
into water (sifting it in, preferably, to avoid lumps) to the 
consistency of thick cream, and flowed directly into the 
impression, either by pouring, or, if greater care is desir- 
able, from a spoon. Pure plaster of paris sets in about 5 
minutes, and therefore requires rapid work; its setting can 
be retarded, how^ever, if desired, by adding a little vinegar. 
When about one-half inch depth has been flowed in, rein- 
force the cast by laying in it, crossed at right angles, sev- 
eral thin water-soaked strips of wood. In the absence 
of these, small green twigs, or even stout string, will help. 
After adding another one-half inch of plaster the cast 
can again be reinforced, if desired. This is hardly nec- 
essary vnth cement. The finished cast should be at least 
1 inch thick. If this is greater than the depth of the track 
a wooden box or earthen dam can be built around the track 
to hold the liquid in. 

In dry sand, ashes, or dust a cast can usually be secured 
by sifting in very carefully dry plaster of paris, or cement, 
preferably with a flour sifter held close above the print, 
then sprinkling water slowly onto the dry plaster or cement 
(for example by wringing out a cloth over it) until it has 
become moistened thoroughly, using care not to allow water 
to run over onto the exposed dust, etc., surrounding it. 
When a one-fourth inch layer of cast has thus been set, 
the remaining thickness may be built up with wet-mixed 
plaster, or cement, and reinforced as usual. With care 
this method may be successfully used to record even tracks 
in snow. A cast made in this way is never as strong as a 
wet-mixed one and must be handled with more care. 

Should any difficulty be experienced in using the dry 
method, wet-mixed material can be used (except probably 



36 NATIONAL FORESTS. 

in snow, on which this has not yet been tried), by first 
spraying the print with a solution of 1 part prepared floor 
shellac in 4 parts wood alcohol, using for the purpose one of 
the ordinary tin plant sprayers commonly sold for garden 
purposes. The spray must first be directed slightly up- 
ward, over the print, so that the air current may not dis- 
turb the loose ash or dust material until the spray drop- 
ping gently upon it has created a slight crust. This 
usually requires about 10 minutes of such spraying. After 
waiting 5 minutes to allow the shellac to dry somewhat, 
the sprayer may be pointed directly at the print and the 
spraying continued for 15 minutes longer. As much as a 
quart of shellac solution may be required for this treat- 
ment. After a half hour's drying, wet-mixed plaster or 
cement can then be poured into the track. Even tracks on 
a dusty board floor can be recorded by the dry plaster or 
shellac-setting methods. When such a track has been set 
by shellac, if a section of the board can be sawed out, the 
original track thus set can be used, with careful handling, 
as evidence in court, if desired. 

To make a replica of the original track from a cast the 
upper surface of the cast should be as level as possible. 
The cast should be washed clean and then greased, either 
with an oil which is fluid at air temperatures or, if thicker, 
heated until it is very fluid, so that no crevices or other 
marks may be filled up and thus be obliterated in the 
replica. The greasing is to prevent sticking. The cast is 
then laid, top down, in a suitable box or other flat-bot- 
tomed receptacle, and wet-mixed plaster or cement flowed 
over it, and reinforced, as in making a cast. 

In handling either plaster of paris or cement in this work 
it must not be forgotten that casts are still moist and weak 
for some time after they set. Casts are not sufficiently dry 
and strong to bear any but the most careful handling within 
a week after they are made. Shrinkage is negligible 
(under 1 per cent) in both plaster of paris and Portland 
cement, and casts or replicas made as above will exactly 
duplicate impressions copied. But shrinkage will occur 
in clay or adobe in which a track is preserved if it dries out 
before the cast is made. Either the original track or a 



NATIONAL FORESTS. 37 

replica so made may therefore be expected to be slightly 
too small to accommodate the boot or foot which made the 
track by the time it gets to court, and care should be taken 
not to allow a jury to be prejudiced by this fact. 

Sometimes it is desirable to make an original track, as 
for example by the shoe or boot worn by a suspect in com- 
mitting an offense, for direct comparison wdth a track found 
at the scene of a crime, or with a replica of the latter; or to 
make an original and from it a cast to compare with one 
from the latter. This can be done by using, in a suitable 
shallow box, either a clay soil which will take a good 
impression and thereafter stand handling, or, much 
better, by using the composition called modeling paste. 
To prepare the latter stir 2 pounds of common gloss 
starch in a little cold water until it is entirely smooth 
and free from lumps. Then add hot water and boil, 
stirring constantly to avoid burning, until it is about as 
thick as can be stirred. Remove from the lire and, after 
letting st^nd for 5 minutes, stir in, a little at a time, 1 
pound of table salt. After cooling for an hour the surface 
of the paste will have assumed a rubbery consistency and 
will take a fine impression, by stepping in it with the shoe 
exactly as would be done in making any ordinary track. 
Considerable shrinkage occurs in further drying, but no 
more than occurs in clay of a similar consistency. The 
composition becomes stiff and leathery and will keep for a 
long time, although it will crack as it dries and hardens. 
A plaster or cement cast can easily be made from a print in 
it. It will stick, however, so that it can not be removed 
without destroying the matrix. Removal is best done 
by washing off the composition from the cast, the former 
being quickly softened and disintegrated by water. An 
original track can not be made successfully in plaster of 
paris. Cement is believed to be usable for this purpose, 
but no experiments have been made to determine the best 
methods of procedure. 

Little of value is in print on the preceding methods of 
recording footprints. A large part of the above has been 
determined by original experiments, done chiefly by Mr. 
Brereton. Quite as much that is new can be learned in 



38 NATIONAL FOEESTS. 

almost any line of our work by anyone who will experi- 
ment for himself to find out. It is hoped that many Law 
Enforcement m.en will try experiments in some line of 
the work and report results for the benefit of all. 

If it is not feasible to secure the footprint itself, or a cast 
of it, the best remaining method is to photograph the 
track. The camera lens must be exactly parallel to the 
surface photographed, to avoid distortion of perspective. 
This can be done most conveniently by the aid of a clamp 
for attaching a camera to a board or other similar support 
at any required angle. (See Appendix A.) For use in 
court the photograph can be enlarged to the exact size of 
the original. If in photographing, however, a rule is 
placed alongside the footprint, the scale of measurement 
will appear in the photo itself, regardless of the size of the 
latter. 

If no better method is availa})le, draw an exact diagram 
of the track, on cross-section paper, if possible. For meas- 
urements use two lines at right angles through important 
detail points of the track, and parallel to cross-section lines. 
The perpendicular distances from any point to these re- 
spective lines will tlien absolutely fix its position. 

FINGER PRINTS. 

Few people are acquainted with the value of finger 
prints as evidence. They are very valuable, where they 
can be obtained; give absolute identification; are easy to 
use. They are produced by the oily impression of the 
minute ridges on the surface of the skin, and are left even 
when hands are clean, although very faint when the skin 
is dry or immediately after washing it with soap. They 
may be found on anything a man handles which has a 
smooth enough surface (as papers, cans, bottles, drinking 
glasses, etc.), if they have not been obliterated by subse- 
quent handling, and can be made visible by appropriate 
treatment any time within several hours after they are 
made, but the sooner the better. 

How to manipulate. — Sprinkle a powder of contrasting 
color on the surface containing prints. Distribute by tap- 
ping from a camel's-hair brush or by patting with such a 
brush (but don't rub), or by agitation on the desired sur- 



NATIONAL FORESTS. 39 

face. Blow off the excess. Where the skin ridges touched 
the surface the powder will remain. Powders used by 
police officers are aluminum (preferably 10,000 fine) and 
bronze, one or other of these forming sufficient contrast 
with almost any color. With expert manipulation these 
give tlie best results. Dragon's blood powder, for light 
surfaces, and talcum powder or gray chalk for dark, seem 
to work better, however, for those not expert in manip- 
ulation. All of them can usually be obtained at drug 
stores. When these are not available, powdered charcoal, 
or very fine pencil scrapings, answer for light surfaces; 
borax, even flour, for dark surfaces. But all powders must 
be dry; they pile up and work badly if damp. 

Prints thus developed are easily smudged by friction. 
They can be set by spraying lightly with a solution of 1 
part white shellac (prepared floor shellac, not solid gum) 
in 4 parts wood alcohol. Dragon's blood, however, can 
be set, without the use of shellac, by heating slightly with 
a match flame, after application to the desired surface. 

On a large surface, when it is not known where the fin- 
ger prints may develop, they can be brought out in a 
brown color by heating the paper or other surface in a 
closed box with iodine crystals; the prints can then be 
recorded by one of the above powders, the iodine color 
vanishing after a time. 

Identification. — The pattern of the skin ridges is differ- 
ent for every individual, and for all 10 fingers of every 
individual. The lines fall into classes such as arches, 
loops, and whorls, which have been minutely classified 
for police records; but nothing is necessary for identifica- 
tion except a close examination and comparison, which 
anyone can make. This is easier with a hand lens. The 
latter is an extremely valuable aid to an investigator. 
The "barrel" type is best and can be obtained on official 
requisition. For use in court, photographic enlargements 
of finger prints are desii'able, so that the jury can all see 
the same one at the same time. Prints submitted to the 
district office will be enlarged on request. 

Except after a man is arrested, we can not compel him 
to submit to making his finger prints. His known prints 
for comparison with ones found in connection with a crime 



40 NATIONAL FORESTS. 

must otherwise be obtained by getting him to handle some 
paper on another pretext. If this paper has typewritten 
matter on it, this may obscure a thumb print, but the fin- 
ger prints will be on the reverse. Such paper must of 
course be free from previous finger marks. It should there- 
fore be drawn from inside a new pile, and be handled only 
by the corners, and between the first and second fingers, 
as the sides of the fingers leave little mark; better still, 
use cleaned gloves. When prints can be compelled, as 
from a man under arrest, they should be taken by pressing 
the finger on a stamp-ink pad and then on paper. Prints 
should be taken for all ten fingers and thumbs. However 
obtained, each print must be labeled as to finger and hand, 
since comparison is fruitless unless it is certain that the 
prints are of identical fingers. Skill in both making and 
identifying prints requires practice. Better do it before 
important results depend on your work. 

RESTORING MUTILATED PAPERS. 

Piecing torn paper together. — First hunt for corner 
pieces, then edges, then work up the interior. Paste on 
a transparent medium, as tracing linen — the back may 
be important— or lay on a glass plate, lay another over 
and bind together. Clean the glass first. 

If writing on paper is not in copying ink or indelible 
pencil it can be moistened, by spray from an atomizer 
or by holding in steam from a tea kettle. This helps to 
straighten it out, if badly curled or bent. 

Dim writing comes out plain in a photograph. 

Worn or fragile paper can be made indestructible for 
handling, by dipping into a solution of 1 part stearine in 
3 parts collodion, and letting dry 15 minutes. 

Restoring burnt paper.- — Writing is usually still legible. 
If not entirely reduced to ash, it can generally be used; 
but it is very fragile. Lift up by passing another paper 
beneath. Moisten as above, to remove curl. Slide onto 
a piece of gummed tracing cloth and very carefully press 
down . Trim the tracing cloth to exact edges of paper, then 
piece together as in the case of torn papers. Burned 
papers are very fragile, even when gummed. The whole 
process requires skill — better practice in advance. 



NATIONAL FORESTS. 41 

TAKING IMPRESSIONS. 

Relief impressions of raised surfaces can be taken by 
using moist blotting paper and letting it dry in position. 
Impressions of more uneven, or solid objects, may be 
obtained by a similar use of a mass of wet tissue paper. 

PRESERVING PERISHABLE EVIDENCE. 

Perishable evidence is often best preserved by placing 
it in cold storage. It can often be preserved, also, in 
alcohol. In the absence of cold storage, formalin, or 
formaldehyde, is best for fish or game meat. These pre- 
servatives destroy color, however. If this is important, 
wire the District Forester for advice, stating color and 
exact nature of material. If it is impossible to preserve 
any article of evidence, be sure to have witnesses to its 
finding, and its nature or identity, while it is yet in its 
original condition. 

MAKING USE OP EXPERTS. 

To the layman, one of the most striking services of the 
expert is that of the microscopist, who deals with a world 
invisible to the unaided eye. He can tell from a hair, 
for example, whether it is from deer or beef, horse, dog, 
or human, and the race, habits, and probable age of an 
original human possessor; from carpet sweeping dust the 
number, age, character, habits, food, and recent occupa- 
tion of, as well as visitors recently entertained by, the 
occupants of the room from which taken; from finger 
nail deposits the food, occupation, habits, and where- 
abouts of the person from whom they are taken, for a 
week or so prior to that time; and often substantially the 
same information from a shred of clothing, or even knives 
or other articles much handled by him. They can identify 
beyond question deer or other game meat or blood as 
against beef, chicken, etc., and often such things as soil 
on a boot as being the same as that taken from the locality 
of a fire or other offense, hair on a blanket as that from a 
particular horse, or human hair as that from a certain 
suspect, etc. Manure dropped by an animal being 



42 NATIONAL FORESTS. 

tracked may be a valuable clue, since the microscopist 
can support the Forest officer's judgment by certain 
determination of the kind of animal from which it came 
and the food materials represented. 

But the microscopist, chemist, or other scientist, are 
not the only experts who can serve us. The dentist (as 
to teeth marks, etc.), the shoemaker, the blacksmith, 
the locksmith, the printer, or other paper expert, the 
observant clothing or dry goods merchant, or any other 
man who works in some special line, can often tell us 
more than we can see ourselves respecting some clue 
relating to their specialty. We must be constantly on 
the lookout for chances to make use of such help. Any- 
thing requiring expert help of a kind not locally available 
should be submitted to the District Forester, or the matter 
taken up with him, unless it is possible to get quicker 
help, for example, in the case of finger prints, from the 
experts of the police department of some nearer city. 

It should also be borne in mind that expert testimony, 
which is usually in the nature of opinion rather than fact, 
must be given by the expert responsible for it and not by 
proxy, and arrangements should be anticipated for his 
attendance at court. 

VERBAL AND DOCUMENTARY EVIDENCE. 

Material clues or objects of evidence will seldom or 
never be all that is necessary to prove a case. If no 
material clues can be found, the only recourse, indeed, 
is to lie low and mouse around until some person or per- 
sons can be found who know something about the offense 
and its commission or committer. This takes time, 
patience, and skill, often more than the administrative 
ranger feels he can spare; but it must be done. Some- 
times, however, he can not do it because the whole com- 
munity knows him, and tRe guilty ones and all their 
sympathizers would soon know what he was after. In 
such cases a special man, whom nobody knows, will 
probably have better luck, and the assignment of such 
a man may be requested. 



NATIONAL FORESTS. 43 

GETTING A LEAD. 

In deciding to whom to go for possible evidence the 
best guide is again a carefully built up mental picture of 
the case — a working theory. 

If possibilities permit, eliminate at once the busybodies, 
who always know all about it but generally know nothing 
worth much, and go after those who really know most, 
or were first on the ground. If nothing better develops, 
figure out a tentative suspect, on some ground, such as 
most probable motive, and start on that basis. If your 
tentative suspect should not be the right one, questions 
implicating him are likely to draw from an honest witness 
indications as to the true suspect, when he would not 
have given them in reply to general questions. 

Before doing these, it will be desirable, however, to get 
preliminary information, as a protection against witnesses 
lying or otherwise trying to mislead. It is indispensable, 
as soon as any real line-up begins to appear, to consider 
every scrap of information which is at hand or can be 
gleaned, with respect to family, business, or friendship 
relations of possible suspects, so as to safeguard giving 
away anything unwittingly. Use every opportunity to 
get from fair-minded witnesses information on the trust- 
worthiness and connections of others who must be dealt 
with. 

HELPS TO INTERROGATION. 

Knowledge of men. — Nothing else can take the place of 
knowledge of men in this work. "A witness will tell 
nothing or make but inaccurate and unimportant state- 
ments to an investigating officer without shrewdness and 
tact, while the very same witness will make precise, true, 
and important statements to an officer who can read and 
knows how to handle him." (Gross: Criminal Investiga- 
tion.) * 

Witnesses can be grouped broadly into two classes, those 
who will tell the truth, and those who probably, or cer- 
tainly, will not do so. This resolves itself chiefly into a 
question of motive. Persons having no interest in the 
offense or the offender will generally tell the truth; the 
testimony of those who have such an interest should at 



44 NATIONAL FORESTS. 

least be taken with one's weather eye open for squalls. 
However, it should not be overlooked that one of the latter 
class may be upright enough to tell the truth if forced to 
do so, while fear of consequences may swerve a weak- 
kneed innocent from the path of truth. 

Truthful witnesses may again be divided into those 
who are willing to tell what they know and those who are 
reluctant to do so. Most people are of the latter kind; 
the average American not only has an exaggerated unwil- 
lingness to "peach," even on a wrongdoer, but is himself 
so busy that he doesn't want to get mixed up in other 
people's troubles if he can avoid it. The person who is 
anxious to tell on another, unless young and unsophisti- 
cated, has usually some grudge, whose influence on his 
truthfulness must be weighed hardly less carefully than 
that of friendship for the offender. 

' We can help our own judgment of men by systematic 
study, in our everyday business, of truthfulness, the mo- 
tives of untruthfulness, etc. A careful study of cases 
where we believed and were double-crossed will reduce 
our own credulity. Lack of truthfulness is very common, 
and a man is not always in league with crime who fails to 
state the exact truth. On inaccuracy see page 48. 

Study of any previous court testimony of a lying wit- 
ness helps. A man nearly always sticks to the same lines 
of mental side stepping in such things as justification of 
his own conduct, throwing suspicion on others, etc. 

Reputation. — Few things help more than a reputation 
on the part of the investigator for getting men when he 
goes after them. If wrongdoers and their sympathizers 
can be made to feel, "Well, if that Forest Service man is 
on my track, the jig is up and I might as well tell the 
truth," the game is nearly or quite won at the start. 

Attitude of officer. — Much of the success to be gained 
depends upon this. Judge your man. Be short, snappy, 
commanding with the bold; patient and considerate with 
the timid. Unnecessary officiousness, or insolence, or 
contempt, however, will shut up most men like a clam. 
Courteous and considerate treatment will open a man's 
heart — and probably his mouth — especially if others have 
just treated him harshly. A combination of these two is 



NATIONAL FORESTS. 45 

the basis of the police method of "fall guy and oozer" 
for extracting confession. 

Who should do interviewing. — The same investigator 
should ordinarily handle all the main issues of a given 
case. This applies especially to the principal interviews. 
After a case once takes shape, success depends so much 
upon a comprehensive knowledge of everything pre- 
viously developed that important issues can not safely 
be divided. 

INTERVIEWING TRUTHFUL WITNESSES. 

Getting the witness to talk. — Few witnesses are anxious 
to talk to an investigative officer. "Rapport," as the 
police call it, or getting a man to the point where he will 
talk freely, can often be established more easily by di- 
recting the conversation along lines in which he is person- 
ally interested, even though at first this has no connection 
with what you want him to ralk about. A little flattery 
will often open the door which stays locked against unre- 
lieved "business." 

If he still does not tell what you believe he knows, it 
may be that he fears you want to mix him up in the 
crime. Such a suspicion should be guarded against, when 
unfounded. Antagonism can often be avoided by stating 
to the witness that you have been requested by head- 
quarters, or are required by regulations, etc., to get the 
facts in this case, and will greatly appreciate it if he can 
tell you anything about it — thus putting it on the basis 
of routine duty, and dispelling any suspicion that you 
want to implicate the man addressed. If the reluctance 
is due to fear of the criminal, or desire to avoid the noto- 
riety or loss of time incident to court testimony, and can 
not be overcome in any other way, tell him that, if he will 
tell you what he knows, you will only use it on the crimi- 
nal, without divulging its origin; but if he won't, he will 
have to go on the stand and tell it in front of the criminal. 
The use of good evidence in whatever way seems best 
should not be hindered by such a promise if avoidable; 
but the use of information in the way indicated may be 
extremely valuable, and "half a loaf is better than none." 



46 NATIONAL FORESTS. 

Getting the story. — There are two considerations: (1) 
To get as complete a statement from the witness as possi- 
ble — be sure nothing essential is omitted, but don't let 
him ramble aimlessly; (2) to be sure he is telling the truth. 
The latter may not follow, even with willingness on his 
part. 

The best safeguard is a clear mental picture of the case 
thus far, which shows us what we want to get, and thus 
prevents the omission of important items. The six watch- 
words of a complete case (see p. 30) are again valuable 
reminders. 

The method to be used depends much upon the witness. 
But unless he wanders beyond forbearance, it is best to 
let him tell his story straight through in his own way. 
Then question and rehash until it is certain that he can 
not or will not add anything more of value. Take suffi- 
cient time, no matter how hurried you feel. Better not 
"start something" in the first place than be in too much 
of a hurry to permit getting the facts after you have 
started it. 

Write it all down as he tells it- — unless he shies at that; 
then do it at the end. In this case, opposition to having 
a statement written down may often be allayed by saying 
(along the same line as suggested in the preceding para- 
graph), "Now, I'd like to put this down, so that I can in- 
clude it in my report and won't quote you wrongly." If 
rightly handled he will doubtless help you to get it all 
straight, and can then hardly refuse to sign it. A much 
more complete and satisfactory statement will ordinarily 
be obtained by thus writing it yourself than by letting 
him write it. 

Read to the witness what you have written, word for 
word, ask him if it is correct, change any items which he 
may desire corrected, have him sign it, and have his signa- 
ture properly witnessed. 

In case a witness refuses to make or to sign a written 
statement, but will talk, get him to talk in the presence 
of several reliable witnesses, and afterwards write down the 
essential substance, as nearly verbatim as possible, of the 
first witness's statements, either yourself or in collaboration 
with the others, to which they will swear in court. 



NATIONAL FORESTS. 47 

In addition to the record of what was said , put down in 
your notebook the circumstances of the conversation, 
persons, witnesses, time, and also all the conclusions for 
future guidance which you can draw from the facts thus 
learned. 

Some men can not be induced to make a statement, but 
say if they are put on the stand they will tell the truth. 
If their resolution not to talk can not be shaken, the only 
thing to do is to try to get indirectly as shrewd an idea 
as possible of what they can testify about. Sometimes, 
however, things can later be learned which may induce 
them to change their minds and make a statement on a 
second visit to them. One of the most effective of such 
leverages is self-interest. For example, show him how 
it will benefit him to convict the offenders, or damage him 
to let them go free; or, even more effectively, when facts 
can be found to justify it, intimate that the criminal or his 
sympathizers are trying to implicate the witness in the 
crime, or otherwise damage him. 

Legal hearings. — Unrecorded verbal statements are 
greatly strengthened by corroboration. IMoreover, hear- 
say testimony by another as to a verbal statement of 
the accused can be used in court only when it has been 
made in the presence and hearing of the accused without 
being challenged by him. If B says that the suspect; A, 
told him that he (A), set the fire, this would hold; but to 
establish this fact on the testimony of C, we must, previous 
to the trial , have C make this statement in the presence 
and hearing of A, and also of other witnesses who can 
testify that it was so said. It is necessary to bear these 
facts in mind at the time of getting evidence. 

Unintentional offenders. — The general methods indicated 
for truthful witnesses apply largely to this class of trespass- 
ers, such for example as those who thoughtlessly leave 
camp fires burning, especially if they are inexperienced 
and did not realize the danger. Courteous treatment and 
an evident purpose only to do one's duty, with regret for 
the inconvenience necessarily inflicted, are usually more 
effective than treating them like common criminals, and 
will often induce confession, with a readiness to ''take 
their medicine " and not do it again. If more is necessary 



48 NATIONAL FORESTS. 

to achieve this result, it should be remembered that every 
man has a "blind " side, a weakness through which he can 
be approached with his defenses down, or through which 
they can be battered down. It may be a hobby, such as 
horses, automobiles, guns or some sport, or politics, reli- 
gion, reputation, even home or mother. Whatever it is, 
the officer is justified in using it to get the truth, when men 
have violated the laws of society, and are further double- 
crossing it by attempting to conceal the truth. 

Only if the offense has shown criminal disregard of 
known danger, or if the unintentional offender becomes 
hostile or defiant, is anything usually gained by using the 
more drastic means discussed under "Hostile and Lying 
Witnesses." The man who has set a fire unconsciously is 
an unprofitable man to ' ' sweat, ' ' because he has no guilty 
conscience. 

If an offender is found on whom you have sufficient 
evidence, and he objects to being taken before a magistrate, 
a good expedient is to ask him if he is guilty; if he denies, 
then he has no valid ground for objection. 

INACCURACY IN TESTIMONY. 

Causes of inaccuracy . — When a man is willing to tell the 
truth, untrue statements may result from the following 
causes: 

(a) Poor observation. A man may see only part of a 
total action and have a very inadequate or mistaken 
notion of the whole; a man sometimes sees what he expects 
to see; people often hear imperfectly or mistakenly, 

(b) Poor comprehension and reasoning. Inference is a 
part of every mental operation. When we see a clock 
face, we take for granted a clock is behind it, but this is 
not necessarily true; a tenderfoot thinks mountains are 
much nearer than they are, because he infers the distance 
which the given appearance implies in low country; 
illiterate people distort long sentences, and piece out by 
inference to a twisted meaning. 

(c) Poor memory. This is very common. Beware of 
people who remember everything; it is usually open to 
suspicion. Memory can be helped by talking of the events 
in question, often as to unimportant incidents, or of a 



NATIONAL FORESTS. 49 

man's occupation connected with the thing to be remem- 
bered. But give him time; don't hurry. Do not press 
an emotional Avitness too far; there is real danger, especially 
with such a person, that you may make liim remember 
what he never saw or heard or knew, except for your 
forcible suggestion. 

(d) Influence of other people's statements. Untrained 
persons who have seen or known part of an exciting in- 
cident unconsciously try to complete the matter by fitting 
what they have seen or know to details told by others. 
They may even end, without untruthful intent, by 
weaving the whole garbled mess into their own story as 
what they saw and heard and know. 

(e) Strong feeling. Excitement and fear tend to ex- 
aggerate, but sometimes overlook important details. 

(f) Temperament, age, occupation. A ranger looking 
at a bunch of cattle sees also whether the range is over- 
grazed, or grazed in patches, due to poor salting or water 
development; a city man sees cattle, but not the other 
factors, and couldn't be expected to give an intelligent 
statement on such matters. 

(g) Fear of consequences. Be sure to relieve a witness's 
mind of a possible impression that you want to implicate 
him, etc. , if such inferences are without cause. Frightened 
people, imagining themselves suspected, always shuffle in 
testimony. This should be a danger signal, although the 
cause of the shuffling may not always be the one here 
discussed. 

(h) Poor questioning. Good questioning requires hard 
thinking. Be sure notliing is missed. Follow your own 
course and do not be led or pushed, either designedly or 
accidentally, by the witness. 

Increasing the accuracy of testimoni/. —Much, can be done 
by careful questioning and suggestion to clear up obscure 
statements or supply omissions. Ciieck the witness's 
accuracy; e. g., as to height of people, ask him if the 
man he mentions is as tall as yourself; check distances 
by asking about something in sight; verify his power 
of recognizing persons, estimating numbers, etc. It is 
sometimes necessary to verify statements one's self, inde- 
173097—20 4 



50 NATIONAL FORESTS. 

pendently of the witness. Scrutinize the witness's 
testimony all the time for indications of intentional 
untruthfulness. 

INTERVIEWING HOSTILE AND LYING WITNESSES. 

Preparation for the interview. — For successfully inter- 
viewdng this kind of witnesses thorough preparation is 
indispensable. Nowhere else is preliminary knowledge 
so essential, both as to the connections and interests of the 
witnesses and as to a thorough grasp of your case and 
exactly what you want to find out. Finally, the circum- 
stances and conduct of the interview itself must be care- 
fully planned. 

If you can prevent it, don't interview such witnesses, 
especially the suspect, on their own ground or among 
their own friends. Get them to come to the supervisor's 
or ranger's office, or a convenient room in town; at least 
to a place away from the support of their familiar surround- 
ings and people. This may not be feasible at the first 
interview; but if you are convinced, or become so by 
talking with them, that they know material facts which 
they have an interest in keeping from you, it is often 
wiser to postpone the serious attempt to get these until 
it is possible to do so under circumstances more favorable 
to it. On the other hand, it is desirable to question such 
witnesses, when possible, before they learn that they are 
suspected, and have had time to talk to each other. 
At least try to prevent such communication between the 
times you question separate ones. Special care must be 
exercised to interview a group of related witnesses in the 
best order to prevent "slopping over" between them. 
It is usually best not to interview two or more hostile 
witnesses together. Keep them apart and interview them 
separately, whenever possible. In coming up to two 
together, keep out of sight entirely, if possible, until 
close up to them, so as to give no chance for framing up 
something while you are coming. 

Always conduct interviews with an enemy to your case 
strictly as an official. Be courteous, but don't introduce 
everybody all around, or joke or in any other way help 
to put the witness at his ease. 



NATIONAL FORESTS. 51 

Especially, when the time has come to hammer hard 
for the facts, or for a confession, it greatly helps to surround 
the occasion with as much circumstance and formality as 
you can bring to bear. Have your own witnesses and 
assistants at hand; the more of them who are unknown to 
the person to be interrogated, or known only as officials, 
the better. A witness who is either the supposed criminal, 
or his accomplice or sympathizer, as is here assumed, will 
deceive you if he can. and will not tell you the truth if 
he can help it; i. e., unless you can tangle him, or other- 
wise bring pressure enough upon him to compel him to 
do so. One of the most valuable helps in this is to increase 
his nervous tension by every legitimate means. 

Keep your notebook out and take time to record every- 
thing necessary or significant. Write down a minute 
description of suspects. This may be valuable to you, 
and should form a part of the case record in any event. If 
you ask him, in connection with this record, for his age, 
and other pertinent points, it will usually only help to 
increase his sense of the gravity of the case. Indeed, one 
can often gain much by sitting around and looking wise, 
notebook in hand, even after the necessary record is made, 
while the witness gets sufficiently nervous. But mental 
states go in waves, and it is possible to overstay the crest. 
The effect of everything upon the witness should be care- 
fully watched, and the right moment seized to go ahead. 

The interview.— This is always a test of wits; but the 
investigating officer has the whip hand, since the witness 
is usually playing a dangerous game, and this affects his 
calmness. Falsehood involves a frame-up. The neces- 
sary thing is to get behind the frame-up. The means by 
which this can be done is thorough questioning; perfunc- 
tory or aimless questioning will not do it. 

Unless the witness has previously done so, or refuses to 
talk on his own motion, it is usually best to let him tell 
his own story once through, since if he is interrupted he 
will at once begin to trim what he says accordingly. This 
statement should be signed and witnessed, as in any other 
interview. 

Then commence to question. In most cases this 
should begin at a point a considerable time before the 



52 NATIONAL FORESTS. 

offense, and lead step by step in minute detail through it. 
The frame-up of a false case practically always revolves 
around an attempt to establish an alibi, and the easiest 
way to break this down is to question minutely about 
details — ^how long together, how seated, what said, order 
things occurred in, etc. When the alibi is true except as 
to date, we must get outside of it by connecting with dates 
some distance from the ones in question. 

In questioning hostile witnesses the truth can often be 
dragged out by implying things you want to know, in 
questions not directly aimed at those items. For ex- 
ample, suppose a suspect is believed to have set a fire in 
a certain canyon while riding through it on a bald-faced 
bay horse which he is accustomed to ride. Both he and 
the horse are known to have been from home on that day, 
but no one has been found who actually saw him on the 
horse or in the canyon. He admits being away from home, 
but says he went to another ranch to fix water pipes. He 
denies setting the fire, but admits seeing the smoke. Then 
he should be asked, not "Did you ride through Nibob 
Canyon that day?" nor "Where were you when you saw 
that smoke?" — unless the following fails — but "Did you 
see this smoke before or after you rode into Nibob Canyon? " 
Also, not, "Did you ride the bald-faced bay that day?" 
but "Did your bald-faced bay get injured in any way while 
you were riding him that day?" If the witness really 
was on that horse or in that canyon, he will now not know 
how much you do know about it, and will begin to squirm. 
As soon as we reach a point not contemplated in the 
frame-up contradiction will begin, which gives the officer 
a lead. In case a witness refuses to talk, show him that 
you have something on him. This will almost always start 
him to explaining; then it is comparatively easy to keep 
him going. When sure enough of your ground, you can 
begin to jump him directly with what you know to be false. 
Don't ask him if he did thus and so, but say: "You say 
you did thus and so?" and make him say yes; then, "I 
know better — you did thus and so. " Make it clear that he 
can't string you, not by asserting it, but by demonstra- 
tion. With some types of men, however, ground can be 



NATIONAL FORESTS. 53 

gained by even more severity, e. g., "What do you mean 
by lying to me?" 

To break the continuity of aman's frame-up thread is one 
of the greatest helps in getting the truth. To this end let 
questions skip around the story— end, then middle, and 
go on— or occasionally jump to something outside of, or 
beyond, his story. 

In general, look for motives of lying— relationship, 
friendship, business connections, etc. Scrutinize the 
testimony itself, see how he colors other people, favorably 
or otherwise, as an author paints his hero or villain m 
advance of actual deeds. It is important to build a mental 
picture of the witness's story as fast as he tells it; this will 
show discrepancies not at all apparent from mere words— 
e.g., witness says his house was in danger of burning; but 
your mental picture shows that with the wind as already 
given, or as you know it to have been, his house was on 
the windward side of the fire. 

All statements should be reduced to writing over the 
witnessed signature of the person questioned (or other- 
wise when that is not possible) as discussed on page 46. 

The suspect in intentional offenses.— The written-out 
statement of an accused or suspected party should be fol- 
lowed by a statement that the foregoing is made by him 
voluntarily, realizing that anything which it contains may 
be used against him. This, of course, should not be men- 
tioned until the statement is complete, since earlier it 
may shut him up before anything important is obtained. 

In addition to the above methods, if there is any possi- 
bility of a suspect having a previous criminal record, the 
questioning should in his case go back as far as is necessary 
to include it, even to his childhood or his birth. This 
serves two good purposes. If he has any pre\ious crimi- 
nal record the questioning may open the way for prosecu- 
tion on some other offense, if the intended one should fail; 
and with hardened criminals it should be a rule to get 
them on something, if possible, even if not on the offense 
under immediate investigation. Nothing will do more 
than this to give this class of men a wholesome incentive 
to refrain from violating the laws. Further, if there are 
shady spots in his record, close questioning will certainly 



64 NATIONAL FORESTS. 

make him nervous about them, and if your questioning 
shows that you know something about an unsavory past 
record, he will forthwith be uncertain how much you 
know all along the line, and his nervous tension may mate- 
rially help to bring out the truth as to the case in hand. 

When the guilt of the suspect has been established to the 
conviction of the investigator, the chief object of such 
questioning becomes the forcing of a confession and a plea 
of guilt. Work to get him into the belief that you know 
all about it, or that someone of his pals has "squealed" 
and the game is up. But if you don't know as much as 
you lead him to believe you do, it is vital not to make a 
slip which will show him what you don't know. When used 
with judgment, one is justified in taking some chances of 
this kind to gain this advantage and land a confession. 
When a case gets to court, it must be complete and water- 
tight, but up to that point the game is yours, to make by 
any fair means you can. 

But here a caution; a much longer chance in this direc- 
tion can, in general, be taken in camp fire than in incendi- 
ary cases. The former class of offenders are usually less 
independent in face of representatives of the law, and they 
are usually non-residents of the Forest community. The 
incendiary, however, is usually a resident, has less fear of 
an officer, and by reason of having planned his act before- 
hand, is definitely prepared to beat you at the game and is 
likely to know much more nearly what you can do and 
what you can't do. In this case, if you lose and have 
pulled a bluff which failed, it may set you and the Service 
b>a,'ck very seriously in the community's estimation. 

Threats and 'promises. — Both of these must be scrupu- 
lously avoided, since either one will completely invalidate 
a confession in court. In the grilling, for example, it is 
legitimate to say, "I've got the goods on you; now what 
are you going to do about it?" but never, "I've got the 
goods on you and I'm going to cinch you. " Even the use 
of the words that it will be "better" or "worse" for the 
suspect to do a given thing must be avoided. If a suspect 
feels for immunity or clemency as a preliminary to con- 
fessing, it is legitimate to state that you (or the officer in 
charge) will be willing to say a good word for him if he 



NATIONAL FORESTS. 65 

makes a clean breast of it, but promise nothing as to final 
action. 

In any event, we must play clean. Neither our self- 
respect, nor the respect of the community in which we 
must work and live should be jeopardized by resort to 
questionable practices. 

Use of the law on perjury. — ^For persons who still refuse to 
confess, or admit the truth, the following is often effective. 
Referring to your notes of their conversation, say, "Are 
you willing to make an affidavit that you are not guilty in 
this case?" or, if this has been done, "You are still going 
to swear to this in court?" Then, " You probably know 
the Federal law on such testimony?" Read aloud the 
statute respecting perjury (page 8), emphasizing the heavy 
penalties provided. If they have lied, this seldom fails 
to start them hedging, and finally to bring a confession. 
Care must be used, however, not to give them any come- 
back in court by doing this as a threat. It is always an 
officer's right to inform persons of the law. 

Keeping temper. ^Alwixys keep your temper. A man 
who loses his temper is at the mercy of a cool opponent. 
You can't afford it, no matter what the provocation; the 
accused may be trying to "get your goat" that way. 

VALUE OF CONFESSIONS. 

A confession is not admissible in court unless it is made 
of the prisoner's own free will — i. e., free from promise or 
threat, and without misapprehension as to its possible use 
against him. For these reasons it is always liable to suc- 
cessful attack by the defense, even if the accused does not 
repudiate it in court. The latter can be guarded against 
by having witnesses to its making, and in event the pris- 
oner is discharged by the court, it may then be possible 
to convict him for perjury. But whatever the fate of the 
confession itself, it should always be obtained, or tried for, 
since it may always bring out valuable admissions or facts, 
which can then be run down and established by indepen- 
dent evidence, which makes them as valid as any other 
facts similarly established; and its established contradic- 
tions will likewise be of the greatest value in court. After 
getting a confession, the questioning should be continued, 



66 NATIONAL FORESTS. 

to obtain such facts, if they have not already been ob- 
tained. If you can stay friendly enough with the ac- 
cused to get him to tell you just how the deed was done, 
not only will this object have been attained, but you will 
have reinforced your own knowledge of criminal methods 
and motives. Write down all such conclusions and lessons 
for future guidance. 

IDENTIFICATION OP PERSONS. 

Forest officers usually know their local incendiaries; 
but they may need to spot persons unknown to them- 
selves, such as hunters or campers respionsible for fires, or 
I. W. W.'s. 

The face of course is most relied upon. The main pioint 
of the identification method used by experts, and the one 
most often overlooked by laymen, is careful study of de- 
tails. Not only color of hair and eyes, general shape of 
head and face, clean shaven or otherwise, must bskuoted, 
but as to ears, contour, rims, fleshiness and amount of 
lobes, and angle made with head (including aspect from 
behind) ; contour of chin and jaw from front, protrusion or 
recession in profile, "double" chin or otherwise; type of 
mouth, peculiarities of teeth, thickness of lips, peculiar 
twists and habitual lines surrounding, if any, and char- 
acteristic expression; contour of nose, both front and pro- 
file, especially character of its point, and width, flare and 
exposure of nostrils; eyes close or wide apart, how framed 
in head, size, external peculiarities such as character of 
lids, etc., appearance of cornea, size of pupil, and espe- 
cially behavior and expression of the eye; color, thickness, 
length, and disposition of the eyebrows, especially how 
nearly they meet across the nose; contour and slope of fore- 
head, especially if any prominent bulges over eyes, etc., 
and characteristic wrinkle marking; outline of edge of hair 
and its manner of growth; moles, warts, wens, scars, or 
other peculiar markings. These, of course, are in addi- 
tion to the manner of carrying the head, etc., which falls 
with many other bodily characteristics which, in the total, 
give much aid in identification. 

When it is a question of identification from an indis- 
tinct photograph, or one several years old, the most un- 



NATIONAL FORESTS. 57 

changing items are the following: Angle of spread of ears 
and conformation of their lobes; type character of mouth 
and lips; conformation of end of nose, spread and exposure 
of nostrils; width apart of eyes; degree of approach of eye- 
brows across the nose; characteristic bulges of the fore- 
head, if any; and the peculiarities of the hair line (barring 
change by baldness, which is usually discernible if pres- 
ent). These features, too, are the most useful for detailed 
verification of an identification from description, and 
should be obtained in such a description, in addition to the 
common items of age, height, weight, complexion, eyes, 
hair, beard or mustache, birth or accidental marks, cloth- 
ing, carriage, gait, and general appearance. 

Few people can give a good description without coach- 
ing. Even if asked if there are any noticeable peculiari- 
ties, they are likely to say no; and yet as soon as asked 
about eyes, nose, mouth, ears or hair, will remember 
something useful. Ask about the specific points discussed 
above. 

Plain clothes ivorlc. — Forest officers will have only infre- 
quent need to use the police supplemental devices to iden- 
tify suspects, so that only a suggestion or two will be indi- 
cated here. An officer usually first follows and studies 
the suspect from behind, then gets ahead (by street car in 
cities) and comes to meet him. If he is sure enough, he 
accosts him by his real name, watching closely for re- 
sponse. No matter how a man steels himself against it, it 
is almost impossible to avoid some visible surprise response 
when an alias man hears his true name called unexpectedly. 
If the officer is not ready to show his hand, he often 
follows a few feet behind a suspect, and an assistant a 
little behind himself; the first officer then (being at in- 
side of walk) calls the suspect's name sharply and dodges 
inside a doorway. If the suspect turns, he does not see the 
officer, and the assistant when he passes the door can tell 
the latter whether the suspect has betrayed any response. 
In shadowing, most police officers prefer to keep to the 
outside of the walk. 

Such plain clothes work as Forest officers may have to 
do, is of a somewhat different kind than that of the city 
officer. But one caution holds; among any well-defined 



58 NATIONAL FORESTS. 

class, as I. W. W.'s, for instance, one can never get far 
enough to learn much unless he can speak their lingo. 

VALUE OF REWARDS. 

When rewards can be offered (see page 16) considerable 
help in the fire situation can be given by greater publicity 
in regard to available rewards for assistance leading to con- 
victions. Nearly every community has a would-be Sher- 
lock Holmes, usually a constable or deputy sheriff, and 
many such men would work faithfully on our cases and be 
valuable allies, once they definitely knew that they stood 
a chance of getting a reward commensurate to the time 
spent. If so, let them have reward and credit both; re- 
sults are what we want, and no Forest officer's official 
credit will be less because of such an outcome. 

COOPERATION. 

Occasions may occur when Forest officers can render 
assistance to the Department of Justice or the United 
States Army, in reporting treasonable activities or sedi- 
tious utterances, or taking into custody enemy aliens or 
others whose apprehension is desired by those depart- 
ments. Immediate report of such cases should be made 
to the district forester and instructions awaited from him 
or from the department concerned, unless the exigencies 
of the case demand immediate action and the officer is 
sure enough of his ground to warrant it. 

These departments are also anxious to cooperate with 
the Forest Service in its work in whatever ways are appro- 
priate. Should any person whose apprenhension we de- 
sire to effect flee to any of the large population centers, 
where it is inconvenient for us to go or send for him, it 
would be well first to inform the district forester, by what- 
ever means of communication the urgency of the case 
requires, and you will at once be advised if any outside 
aid can be secured. 

ACTIONS TINDER LEGAL PROCESSES. 

AFFIDAVITS. 

Most Forest officers are already familiar with the making 
of affidavits. These often can not be used directly as evi- 



NATIONAL FORESTS. 59 

dence, being rather useful for their moral effect upon the 
witness as to the gravity of the testimony covered by the 
affidavit; it safeguards this testimony by giving us the 
handle of prosecution for perjury to prevent his going back 
on it. For form of affidavit see Appendix C. 

arrests; complaints and warrants. 

Under the acts of Congress of February 6, 1905 (33 Stat., 
700), and March 3, 1905 (33 Stat., 872), Forest officers have 
authority to arre:^t upon warrant any person charged by a 
proper complaint with violating the Federal laws or regu- 
lations relating to the National Forests. For offenses under 
the State law, Forest officers have authority to arrest on 
warrant only after having been appointed deputy State 
fire or fish and game wardens. 

For offenses committed in their presence, Forest officers 
have authority to arrest without warrant, in case of either 
Federal or State offenses. 

Warrants of arrest. — For State offenses, warrant must be 
obtained from and returned to a State magistrate; that is, 
justice of the peace, police magistrate in towns or cities, 
judge of the superior court (county courts), or justice of the 
supreme court. 

When the name of the person who committed the crime 
is not known, the magistrate can, for satisfactory cause, 
issue a John Doe warrant. 

In Federal cases arrest should only be made in advance 
of indictment when this is absolutely necessary to prevent 
the escape of the accused, or when the offense is committed 
in the presence of the arresting officer. For the reasons of 
this statement see under "Preliminary Hearings," page 75. 
Federal warrants should ordinarily be procured from the 
nearest United States commissioner. If it is impracti- 
cable, or uiiduly expensive in time or money, to reach a 
commissioner, warrants in Federal cases may be obtained 
from a justice of the peace or other officer mentioned in 
section 1014, United States Revised Statutes, which is as 
follows: 

For any crime or offense against the United States, the 
offender may, by any justice or judge of the United States, 
or by any commissioner of a circuit court to take bail, or 



60 NATIONAL FORESTS. 

by any chancellor, judge of a supreme court or superior 
court, chief or first judge of common pleas, mayor of a city, 
justice of the peace, or other magistrate of any State where 
he may be found, and agreeably to the usual mode of 
process against offenders in such State, and at the expense 
of the United States, be arrested and imprisoned, or bailed, 
as the case may be, for trial before such court of the United 
States as by law has cognizance of the offense. Copies of 
the process shall be returned as speedily as may be into 
the clerk's office of such court, together with the recog- 
nizances of the witnesses for their appearance to testify in 
the case. And where any offender or witness is committed 
in any district other than that where the offense is to be 
tried, it shall be the duty of the judge of the district where 
such offender or witness is imprisoned seasonably to issue, 
and of the marshal to execute, a warrant for his removal to 
the district where the trial is to be had. 

Complaints and informations.— W&rraiits for arrest from 
a justice of the peace are issued on complaint sworn to by 
a responsible person, upon a showing of probable cause 
sufficient to satisfy the issuing magistrate. The officer 
seeking the warrant should be able to show facts and evi- 
dence if necessary, and not merely information and belief. 
However, it is well not to divulge so much as to expose one's 
hand in the prosecution of the case. 

The complaint must designate the specific offense com- 
mitted and specify the statute and section violated, with 
such particulars of time, place, person, and property as to 
enable the defendant to understand clearly the character 
of the offense charged. Extreme care should be used in 
drawing the complaint, since not only the arrest but the 
case in court will be based upon it. In the wording of the 
complaint the language of the law invoked should be closely 
followed. Include only what you are sure you can prove; 
in a larceny case, for example, the exact items and numbers 
charged as stolen must be proved or the case will fail. 
Charge the easiest offense to prove, e. g., having game in 
possession out of season, rather than killing, unless evidence 
on the latter is ironclad. 

Each offense under separate subsections of the statute 
should be made a separate count. Also, when more than 
one offense included in the same subsection is to be 
charged, charge always in disjunctive, e. g., "did kill or 



NATIONAL FORESTS. 61 

have in his possession," not "kill and have," etc. This 
will avoid danger of the whole case failing, if it should 
prove impossible to establish one of the items to the satis- 
faction of the jury. If several men are taken for one offense, 
they should be charged jointly, since this saves time and 
expense in multiplication of cases. 

In misdemeanor cases under the State law, the com- 
plaint must be filed within one year from the date of the 
offense. For form see Appendix C. 

In case a justice of the peace, or county judge, refuses to 
issue a warrant when so requested ))y a Forest officer on 
valid grounds, or expresses hostility to the enforcement of 
the fire, game, or other laws which we must enforce, fines 
below the minimum, or otherwise fails to give proper official 
attention to our cases, the matter should be reported to the 
district forester and it will be taken up with the State 
attorney general. 

A United States commissioner issues a warrant for arrest 
in Federal cases upon a sworn information. Equal care 
should of course be used in keeping this free from defect. 

Service of wan'anis.— Warrants may be served by Forest 
officers having peace powers (see p. 5). Such service is 
sometimes necessary in the interest of speed, or of efficiency 
when judicial or police officers are lax or disaffected. But 
we should remember that we are primarily investigative 
officers, not police. Constables, sheriffs, etc., are the au- 
thorized agents of the courts in serving legal processes, and 
since their fees result from their performance of this work, 
not only can our own time and expense be saved, but often 
better relations with the-e men be maintained by turning 
over such service to them, whenever it is feasible. 

But don't ask or expect them to work up your case for 
you. We are the investigators, and that is our business. 
Much past apathy to fire law enforcement on the part of 
public officers has been due to half-baked cases, or simple 
pieces of rumor or gossip, being taken to a justice or sheriff 
or prosecuting attorney, in the apparent expectation that 
they would do all the rest, and present us with a convic- 
tion and their thanks. Our work in 1918 is gaining us the 
reputation of bringing well-worked up cases. Let us keep 
it up. Nothing will more surely gain us the cordial co- 



62 NATIONAL FORESTS. 

operation of public officers all along the line, and indirectly 
of the communities which they influence. 

After swearing out the complaint it is usual to ask the 
magistrate when the arrest can be made, and, unless it is 
already known to the complaining officer, by whom. This 
enables the Forest officer to keep in touch with the progress 
of the service . 

Limitations upon service. — A warrant of arrest is, in gen- 
eral, to be served only within the jurisdiction of the issuing 
magistrate or officer, unless otherwise specifically author- 
ized upon the warrant. For list and jurisdictions of the 
several United States commissioners in California, see 
Appendix B. A warrant issued by a justice of the peace 
may be executed anywhere in the county where issued, 
outside of municipalities. The latter are expressly ex- 
empted from the operation of the State ffre laws. (See 

p. 11.) 

If the defendant is in another county, the warrant may 
be executed therein upon the written direction of a magis- 
trate of that county, indorsed upon the warrant and signed 
by him with his name of office and dated at the county, 
city, or town where it is made, to the following effect: 

"This warrant may be executed in the county of 

; " but this indorsement can only be 

made when the warrant is accompanied by a certificate of 
the clerk of the county in which the warrant was issued, 
under the seal of the superior court thereof, as to the official 
character of the issuing magistrate, or upon the oath to that 
effect of a credible witness, in writing, indorsed on or an- 
nexed to the warrant. When it is foreseen that ser\ice of 
such a warrant may be necessary in another county, the 
county clerk's certificate above specified should be se- 
cured, if not too inconvenient; when this has not been 
secured the alternative personal statement above provided 
for can usually be m.ade by the Forest officer himself, on 
the credentials of his badge and official position. 

A warrant of arrest for a felony may be executed — i. e., 
the arrest made^ — at any time of day or night. For a mis- 
demeanor, arrest can be made only in the daytime unless 
night service is specifically authorized in the warrant. 
Daytime, for such purposes, is defined as from sunrise to 



NATIONAL FORESTS. 63 

sunset. Any close question on those times would be set- 
tled by the times as shown in the (United States Nautical) 
Almanac, which would, of course, be in terms of true sun 
time, not standard time (nor " daylight-sa\ing " changes). 

Service by telegraph. — -Under the State law, a justice of 
the supreme court or a judge of a superior court may, by 
an indorsement upon a warrant of arrest, authorize the 
serxdce thereof by telegraph, sending an authenticated 
telegraphic copy thereof, which is then as effectual in the 
hands of an officer as the original. Similarly a Federal 
judge may authorize the ser\ice of a warrant in a Federal 
case by telegraph. 

The arrest. — Arrest is made by an actual restraint of the 
person of the accused or by his submission to the custody 
of an officer. It is usual to place the hand upon him and 
say "I arrest you," or words to that effect. The prisoner 
is usually, and on demand must be, informed of the cause 
of the arrest and the authority to make it, and shown the 
warrant when action is under a warrant. An officer acting 
under a warrant may use all necessary means to effect the 
arrest, if the accused resists or flees after being informed of 
the intention to arrest him. But he must not be subjected 
to any more \dolence or restraint than is necessary for the 
arrest and detention. In fact, all unnecessary officious- 
ness or unpleasantness should be avoided, since much 
more can afterward be gotten, as a rule, out of a prisoner 
well treated, and there vnW be no chance for charges of 
bulldozing by his attorney. An officer making an arrest 
may orally summon as many persons as he deems necessary 
to aid him, and refusal to render such aid is a punishable 
offense. A United States commissioner can summon any 
necessary county, State, or Federal assistance to apprehend 
the person or persons for whom his warrant is issued . 

When an arrest is made the person arrested should be 
searched, unless he is wdlling at once to plead guilty. 
In our work the value of search is not so much because of 
dangerous weapons, as (1) to secure articles which may 
afford good evidence, especially microscopic evidence in 
the case of articles, such as knives, etc., which have been 
much handled by the suspect; (2) for the effect of the 
search in impressing the suspect with the gra\ity of the 



64 NATIONAL FORESTS. 

case, which is especially valuable if arrest is to be followed 
by ' ' sweating. ' ' An additional aid in respect to the second 
point is the taking of a personal description of the suspect, 
which may well be done at the time of arrest. Search of a 
person under arrest requires no separate search warrant. 

Peace officers making arrest on authority of a warrant, 
or when an offense is committed in their presence, are 
protected from any action for unlawful arrest. In the 
case of Forest officers, this protection will be invoked to the 
full by the district office. 

Return of warrants. — ^When an arrest has been made the 
prisoner must usually be returned to the magistrate or other 
officer who issued the warrant. 

In State misdemeanor cases, when the defendant is 
arrested in another county the officer must, if required by 
the defendant, take him before the magistrate in the latter 
county, who must admit the defendant to bail. When 
such demand is not made, or if bail is not forthwith given, 
the officer must take the defendant before the magistrate 
who issued the warrant, as above provided. 

When arrest is without warrant, the prisoner must be 
taken before an appropriate magistrate as soon as practi- 
cable after the arrest. In a State case this may be what- 
ever convenient justice of the peace within the county 
will give the case best attention; except that, if the pris- 
oner demands it, he must be taken before the justice near- 
est to the place of arrest. 

On arrival before the magistrate a proper complaint 
must be executed. Whether a warrant shall be issued upon 
it is subject to the discretion of the magistrate, in view of 
the course thereafter to be pursued . If a warrant is issued, 
its return is made simultaneously with its issue. 

When a prisoner is brought to a State magistrate of final 
return, in cases over which he has trial jurisdiction, the 
charge is read to the defendant and if he pleads guilty he 
may be sentenced forthwith; otherwise a trial is had (if 
both parties are prepared and all witnesses are present) 
or future date is set for it. 

In a Federal case, when an arrest is made without a war- 
rant the person arrested should be taken before the nearest 
United States commissioner or, in case it is not practicable 



NATIONAL FORESTS. 66 

to reach a commissioner, then before a justice of the peace 
or other officer mentioned in section 1014 of the Revised 
Statutes, previously quoted (p. 59). As in the previous 
case, return of warrant is made simultaneously with its 
procuring. 

When a warrant for a Federal offense is returned to the 
United States commissioner or magistrate, as previously 
provided, either upon previous issue or arrest without war- 
rant, the accused, after preliminary hearing or if that is 
waived, is bound over to the Federal court. If he is 
unable to give bond he must be delivered to the United 
States marshal. 

SEARCH WARRANTS. 

A search warrant may be secured by a Forest officer with 
peace powers (see p. 5) on his affidavit, from a justice of the 
peace or any other magistrate (district judge in Federal 
cases) for the search of any premises thought on reasonable 
information or belief to contain articles which it is desired 
to seize, or to examine, against the owner's will. A search 
warrant is equally as necessary, to enable an officer to lead 
out a man's horse and take measurements of his tracks, if 
the owner objects, as it would be to permit the seizure and 
removal of the animal. The same applies, strictly speak- 
ing, to search of a man's pack or buggy or automobile for 
evidence of having set a fire; but here is an important fac t. 
Any game warden, or deputy, has the right to search any- 
thing but a man's person or residence, without warrant. 
This is a special authority limited to fish and game officers, 
and based on the fact of State title in fish and game. 
Most Forest officers are deputy fish and game wardens; if a 
traveler is suspected of having in pack or automobile (or 
barn, garage, corral, etc.) evidence of the setting of a fire, 
exercise the right of search for unlawful fish or game, and if 
any other e\idence is foimd you are so much to the good. 
A warrant may then have to be secured, however, for the 
seizure of such other material, foreign to fish and game 
violations, as see below . 

A search warrant must specify the exact premises, person 
or owner, and articles involved. Barns or outhouses, for 
173097—20—5 



66 NATIONAL FORESTS. 

example, can not be searched on a warrant specifying the 
house only. If in searching for certain articles for ■whose 
seizure a warrant has been secured, other desired articles 
are found which the warrant can not be construed to cover, 
another warrant must be secured for their seizure. 

Search warrants can only be executed in the daytime 
(sunrise to sunset) unless night service is specifically 
authorized by the issuing magistrate in the warrant. On 
definition of sunrise and sunset see page 62. Entry of 
premises or buildings may be effected by forcible means 
if necessary; but no more force must be used nor damage 
done than is requisite to accomplish the entry and search 
as authori zed by warrant. For all articles seized the officer 
must give a receipt. It is always desirable to have outside 
parties other than Forest or police officers present at a 
search, if possible the proprietor or members of his family. 
This is a valuable safeguard against possible trouble in 
court. 

In search by appropriate means under a duly issued w ar- 
rant the executing officer is protected, even though it 
should develop that the search was made on misinforma- 
tion ; but he Would be liable for the exercise of unnecessary 
violence or damage. 

Permission can sometimes be obtained to search without 
warrant, by an officer clearly entitled to obtain such a 
warrant, especially if the person whose premises it is 
desired to search is amenable to the consideration that, 
even if one is innocent of connection with any offense, 
subjection to proper search is one of the duties of citizen- 
ship in aiding the processes of the laws which protect us 
all. If he still hesitates, ask him point blank if he is con- 
cerned in the offense and on his denial, point out that that 
constitutes the reason why he should not object; that 
objection will only make you the trouble of getting a war- 
rant, and will justify a suspicion which will require the 
search to l^e more thorough. 

If a search of premises is made without warrant,whether 
with or without the owner's permission, and anything is 
found which it will be desired to use in court, a warrant 
for its seizure should be secured as soon as possible after 
thus actually seizing it, or if there is no danger of its being 



NATIONAL FORESTS. 67 

removed and secreted in the meantime, the seizure itself 
postponed until such a warrant can be secured, in order to 
forestall the attorney for the defense making trouble, or 
causing annoyance in court upon this as a pretext. 

EXPENSES IN CONNECTION WITH LEGAL PROCESSES. 

Forest officers will be officially reimbursed for all neces- 
sary expenses incurred in accordance with the fiscal and 
administrative regulations of the Department of Agricul- 
ture in the transportation of arrested persons to custody, 
or for necessary subsistence of such persons at hotels, etc., 
or for necessary expenses in the execution of any other 
necessary legal process for which no other authorities can 
properly assume responsibility, in the prosecution of vio- 
lations of the laws, or of the regulations of the Department 
of Agriculture, on National Forests. (See Department 
Administrative Manual, p. 74, etc.) As has previously 
been pointed out, however, expense, as well as the time 
of forest officers for other needed duties, can often be saved 
to the Forest Service by making use of sheriffs and con- 
stables for the serving of warrants, subpoenas, and other 
such assistance. In particular, the hiring of men for 
posse needs, or to accompany officers for identification of 
witnesses, in State cases can appropriately be assumed by 
the counties, and its expense should by the above means 
be transferred to them when it is feasible to do so. If it is 
necessary for a forest officer to bring in a witness, the latter 
should pay his own expenses, if possible. Either the forest 
officer or the witness can in such duly authorized cases be 
reimbursed by the court under the conditions imposed 
by law ; but no reimbursement for expenses in connection 
with witnesses can be made by the Forest Service. Cer- 
tain other expenses, in connection with the trial itself, can 
sometimes be assumed by the sheriff or the United States 
marshal, as the case may be, or by other agencies of the 
administration of justice. It is impossible to make 
general instructions which will fit every contingency. In 
case of any doubt, specific advice should, whenever 
possible, be sought before incurring the contemplated 
expense. 



68 NATIONAL FORESTS. 

PREPARATION OF THE CASE. 

PREPARING THE MATERIAL. 

When all possible or necessary evidence in a case has 
been run down and the necessary witnesses provided for, 
with a definite understanding of just what each will 
testify to, all these facts in the case must be put into 
systematic and workable shape. 

REPORT ON FORM 856. 

The first thing required is the report on Form 856, in 
accordance with the National Forest Trespass Manual. 
{See pages 15, 17, 19, above.) 

THE WORKING MEMORANDUM. 

For the purpose of the case in court a somewhat different 
organization of the material will be desirable, for which 
approximately the same form will apply, whether it be pre- 
pared for conduct of the case by the Forest officer, which he 
will doubtless be called upon to do in many justice's cases 
involving no legal difficulties, or as a memorandum for the 
district law officer in more important or difficult cases. 

Several persons may be prosecuted together for the same 
fire, or any one alone (but see p. 61). Separate fires, 
especially if on separate days, should be reserved for sep- 
arate cases, so as not to have used up all our ammunition 
if the defendant is unexpectedly acquitted on the first one. 

The main case. — Arrange the material so that it tells the 
story in chronological order. Confine the main case to the 
material essential to a clear and complete chain of evidence. 
This gains the advantage of clearness of impression on the 
jury; too great a mass of evidence may muddle the main 
issue in their minds. Any additional material should be 
carefully worked up with a view to its use in rebuttal, or in 
connection with surprise defenses, as discussed below. 

Have your record perfectly clear as to exactly what part 
of the chain the testimony of each witness and each piece 
of documentary evidence will cover, and just what link 
each exhibit will support. Avoid repetition as -far as 
possible. Whenever it is necessary to mention again 
something already related, simply refer to it, with the page 



NATIONAL FORESTS. 69 

on which it first occurs. If your record is to be used as a 
memorandum for the district law officer, the reviewer, if 
without other knowledge of the case, may otherwise have 
difficulty to determine whether such a rehashed incident 
is a new occurrence or one previously related. 

Rebuttal, etc.— Here, one should anticipate what defenses 
may be set up and provide in advance for meeting them. 
The defendant will usually try to introduce testimony 
contradicting the testimony of the prosecution; but he 
may put in evidence unexpected facts tending to explain 
away or otherwise refute the evidence of the prosecution. 
The cross-examination offers the first opportunity of 
nullifying such evidence ; if this can not be accomplished 
here, the prosecution may need new testimony to impeach 
the credit of the defendant's witnesses. On impeachment 
of testimony see further, pages 78 to 80. 

Appendix.— 'A list of the witnesses, with brief notation 
of the exact facts to which each will testify, together with 
all documentary evidence and a list of exhibits, should be 
collected in an appendix, each separate item being des- 
ignated by letter, as, for example, "Exhibit A." At the 
appropriate points in the narrative record, these docu- 
ments, etc., should then be referred to only by exhibit 
designation. This helps both in completeness and in 
keeping the narrative clear. 

Outline. — A good outline on which to get material 
together is the following: 

1. The offense— what, where, when, how, by whom, 

why (motive). 

2. Information. 

a. Rumors. 

b. Clues. 

3. Main evidence — the facts, in order, with names of 

witnesses who will testify to them, as shown in 
detail in appendix at end of report. 

4. Evidence available for rebuttal, or to meet possible 

surprise defenses. 

5. Appendix — as above. 



70 NATIONAL FORESTS. 

USE OF MAPS. 

The trespass map. — The trespass map must show com- 
pletely the facts of trespass, and damage suffered. It 
should include, therefore, land section, township and 
range, boundaries between National Forest and other 
lands, drainage, roads, houses and culture bearing on the 
case, area covered by the trespass, and, in case of fire, its 
origin with respect to Forest land boundaries; cover species 
or type, and size of timber, and nature and extent of 
damage. The investigator should not be required to make 
this map, if it can be done by others, as rangers in charge 
of suppression. When necessary on account of close ques- 
tions of boundary the district forester will send an expert 
surveyor to make transit surveys. 

The court map. — The map to be presented in court should 
be on a large enough scale to be legible when hung up so 
that the jury can all see it at once, since it is much more 
effective when used in this way. It should be confined 
to the data essential for the purpose, but it should show 
this with the utmost clearness. Its legend should also 
give its ^'approximate scale'^ and, if angles of view are 
material, a statement that these are correct. Every care 
should then be used to see that they are correct. Any 
"trespass" or other designation on the original, to which 
the defense could object as tending to prejudice the jury 
in advance, must carefully be omitted. 

As to land boundaries, the proclamation diagrams of the 
National Forests can' always be found in the biennial 
volume of the United States Statutes at Large, covering 
the year in which they were issued. Private land bounda- 
ries can be gotten from Forest Service status, and verified 
and certified by the United States land office if desired. 

INVESTIGATION REPORT TO DISTRICT FORESTER. 

For all cases made the subject of Law Enforcement 
Investigation, whether carried to court or not, a report in 
accordance with Appendix D must be made and forwarded 
to the District Forester. This report is short and is the 
only one regularly required for this office to enable it to 
keep in record touch with the work. If the case is carried 



NATIONAL FORESTS. 71 

through the court by the investigating officer this report 
will be complete; otherwise it will end where the case 
passed into the hands of the district law officer, or was 
dropped. 

Publicity. — Whenever this report is made, either in con- 
nection with a memorandum for the district law officer's 
consideration of a case, or as final report of a case con- 
ducted by a field officer, he should take special pains to 
note, as indicated in heading 8 of the outline in Appen- 
dix D, any special features that will help to make press pub- 
licity most effective. There are often special angles in 
such cases which can be used to the greatest advantage, and 
which only the man on the case can supply. If he desires 
to submit direct copy for this purpose, so much the better 

Under this heading, also, should be included note of 
lax or adverse attitude of the justice who tried the case, 
or of constables, sheriffs, district attorneys, etc., who 
cooperated in the case, with any suggestions on avenues 
for action by the District Forester in stiffening up weak 
backbones or making hostile officials see a new light. 
(See also p. 61.) 

PREPARING FOR COURT. 

PLANNING THE COURT CASE. 

When the case in court is to be conducted by the Forest 
officer, he will need also to plan in as much detail as pos- 
sible every item in the procedure. This plan may of 
course be upset by unexpected moves on the part of the 
defense; but a plan definitely made in advance is the only 
basis of success. Such a plan can be changed to meet 
exigencies; but only wandering, and oversight of critical 
needs can result from leaving each step to be planned as 
you go. 

The plan should include: 

1. Scrutiny of possible jurors, and of any whom you 
should try to remove by challenge, if any advance line on 
the panel is possible. 

2. Preparation of prosecution statement of the case 
(see under ''Court Procedure" below). If the accused is 
to plead guilty this will be used as a statement of the cir- 



72 NATIONAL FORESTS. 

cumstances of the case, for which the justice generally 
asks, to guide his sentence. If the latter does not do so, 
the prosecution should ask permission to make such a 
statement, unless it is reasonably certain that the court is 
already cognizant of, and sufficiently impressed by, all 
the essential features of the case. If leniency is recom- 
mended, on account of a confession, or of extenuating 
circumstances, minimum sentence should usually be 
asked. Reserve suspended sentence request for very 
special merit; too many of these are dangerous. (See 
circular EC-14 of July 16, 1918.) 

If a jury trial will be necessary, one must also plan: 

3. The exact order in which his witnesses should be 
called in building up the main case, and the questions 
which he will ask each one. When this is worked out in 
the rough, the whole should be studied in the light of the 
law of evidence (page 82) so that mistakes may be avoided. 

4. In connection with what can be learned of the 
probable defense of the accused, who his witnesses will 
be and what they will testify to, your line of cross-exam- 
ination must be worked out for each of his witnesses, in 
order to make the testimony accomplish as little for the 
defense and as much for the prosecution as possible. 

5. Your own witnesses and their evidence in rebuttal, 
or for the purpose of impeaching witnesses for the defense 
or of counteracting surprise defenses. 

Every care should be taken not to let the defense get 
knowledge of your plan. 

GETTING AND PREPARING WITNESSES FOR COURT. 

Subpoenas, etc. — The attendance of witnesses for pre- 
liminary hearing or trial is secured by means of subpoenas, 
which can be issued by any magistrate having cognizance 
of the case. Witnesses can not be arrested or bonded to 
insure their appearance in court; but if the witness after 
having had the subpoena served upon him does not so ap- 
pear, he is in contempt of court and subject to arrest and 
all other penalties attaching thereto. Subpoenas can only 
be served by handing them in person to the person for 
whom issued. They can, however, be served at any time 
of day or night when he can be found. A subpoena issued 



NATIONAL FORESTS. 73 

by a justice of the peace, unlike a warrant, can also be 
served anywhere in the State, without the necessity of 
specific indorsement. 

Don't use witnesses from the Service any more than is 
necessary, especially if either justice or jurors are likely 
to be affected by hostility to it or its work. Select for 
witnesses persons of as high reputation as possible, since 
the defense will attack them if it can. 

Preparing witnesses. — A definite understanding must be 
had with each witness as to exactly what he will testify to, 
based both on what he can testify, and what portion of this 
you will want his testimony on. His testimony must 
then be gone over, to insure, both that he will tell the exact 
facts, as desired, and that his statements will not be open 
to objections by the defense, which might destroy the 
effectiveness of the evidence, as well as mix up the witness; 
but care should be taken to avoid anything that can be 
misconstrued as "coaching," or "framing" of evidence. 
In connection with this work certain points are always 
legitimate, and should be clearly impressed upon witnesses. 

1. On direct examination they should answer questions 
only, not explain. This will let the questioner be the 
judge of what and how much shall be said. 

2. Except when it is based upon a written record, which 
can be referred to in court, testimony should not be too 
exact, especially as to time, but should be qualified by 
some such phrase as "to the best of my recollection." 
This will prevent giving a loophole for its discrediting by 
the defense on any points of nonessential exactness. If 
exactness is required on any point, see that you have a 
record to make it so. 

3. When testifying from a notebook, or other record, 
do not read, word for word, but let the record be referred 
to as a guide or help to the memory on details. This is 
always permissible, whereas direct reading may raise 
annoying objections to the admission of the record in 
evidence. 

4. Photographs must be introduced in evidence by 
the person who made them. On data necessary to accom- 
pany them see page 27. Enlargements must be accom- 



74 NATIONAL FORESTS. 

panied in evidence by the originals from wMch they were 
made. 

Other points may need attention, of which the following 
may be mentioned: 

5. Testimony of conversations at second hand, especially 
with respect to statements of the defendant, can not be used 
in court (see page 83), except as noted on page 47. 

6. Testimony respecting a confession should usually 
relate the conversation and the fact that it was voluntary, 
without referring to it as a confession, or to the signed 
statement, unless, or until, the examiner desires so to 
bring it in. On handling confessions see further, pages 
79 and 80. 

7. Testimony on matters requiring expert opinion 
requires the qualifying of the witness in court (see page 
84), and the facts to be used as the basis of this qualifica- 
tion should be definitely determined with the witness. 

A scientific expert usually tells the attorney what he 
has, and submits a list of questions, then together they 
thrash out what ones to use. The materials upon which 
expert testimony is based must, of course, first be placed 
in evidence by the witness who found them. A Forest 
officer, in respect to finger prints, for example, should 
testify that he found the given article, suspected it to 
contain such prints, developed them, and later secured 
the prints of the suspect. But no nonexpert witness will 
be allowed to testify as to similarities, or any other matter 
of opinion or conclusion. If it has not been possible to 
get expert evidence as to identification, the matter will 
have to be left there, for the jury to study and draw their 
own conclusions; except that the attorney or other person 
conducting the prosecution can take up the subject later 
in his argument to the jury; and if he has not been able to 
bring on an expert witness to testify to such matters, he 
may then draw out what would otherwise have been cov- 
ered by them. This, however, is of course a less effective 
method than to have it covered by actual testimony. 

8. Guard, as far as possible, against admissions by your 
own witnesses that the accused was drunk when the of- 
fense was committed, or that he is a monomaniac (e.g., 
in respect to setting fires). These constitute valuable de- 



NATIONAL FORESTS. 75 

fenses which will be seized by the opposing side. If on 
their own motion they set up such a defense, every possi- 
ble means should be used to counteract its effect on the 
jury, either by impeaching such testimony or by strength- 
ening elements of the case showing moral responsibility. 
When such a defense is probable, prepare for it beforehand. 
A case against a female defendant, or anyone with a 
bodily infirmity, must be exceptionally strong, since 
juries are easily swayed by sympathy in such cases. 
Every possible precaution should be taken to minimize 
the effect of possible appeals to such sympathies. 

AMENDMENT OF COMPLAINT. 

Should it be found, after having madp all preparation, 
that for any reason, such as the failure to obtain a witness, 
some count will be impossible to sustain, or so weak as to 
make this improbable, or if at any time the complaint is 
found to be defective, application can be made for its 
amendment, or for the issue of a new one. The latter 
usually involves fewer difficulties. 

PRELIMINARY HEARINGS. 

In Federal cases action is better commenced on mis- 
demeanors by an information filed in the Federal court 
by the United States attorney, rather than by an indict- 
ment; in the case of felonies, action must always be com- 
menced by indictment of a grand jury. The binding 
over of a prisoner, previously arrested, to a grand jury 
necessitates a preliminary hearing to determine whether 
he shall be so bound or be dismissed, unless the prisoner 
waives the hearing; and if he has an attorney or knows his 
own best interests he will not waive it. 

Preliminary hearings are undesirable, from the stand- 
point of the prosecution, for three reasons: (1). The pros- 
ecution must state its case, with witnesses, and thus show 
its hand, while the defense need not show anything; (2) 
the prosecution is thus under the expense of producing its 
witnesses once more than would otherwise be necessary; 
and (3) the commissioner, or magistrate, if unfavorable to 
the case, or perfunctory, can dismiss the accused instead 
of binding him over for trial. Such dismissal does not 



76 NATIONAL FORESTS. 

prohibit his being brought to trial through other means, 
but it is a hindrance which should not be invited. Un- 
less immediate arrest of the criminal is necessary, as dis- 
cussed under "Warrants," the facts in Federal cases 
should first be submitted to the district law officer, who 
will, if the evidence warrants, initiate proper action 
through the United States district attorney and thus 
avoid the preliminary hearing complication. Arrest will 
then be made after the indictment is secured. 

THE CASE IN COURT. 

COURT PROCEDURE. 

Only the procedure in justice's court, in which Forest 
officers may have to conduct their own cases, will be dis- 
cussed here. 

ORDER OF PROCEDURE. 

1. Arraignment, reading of complaint, and taking of 
the plea; which is oral. The defendant must be person- 
ally present when this is done. 

2. Impaneling the jury; unless a trial by jury is waived 
by consent of the parties in open court. The bailiff under 
instructions from the court summons 12 men to fill the 
jury box. If the jury is satisfactory to both parties it 
will be sworn. But either party may first examine the 
panel to ascertain whether there is cause for objection to 
any member thereof. 

Challenges. — Upon challenge for cause any or all may 
be excused by the court if the cause alleged be deemed 
sufficient in the opinion of the court. The causes for 
challenge are numerous and are set out in sections 1071 
to 1074 of the Penal Code. It is sufficient here to in- 
dicate briefly the more important, which are: Lack of 
any of the qualifications prescribed by law; unsound 
mind; previous conviction of a felony; bias. The first 
and third would many times be only ostensible causes. 
The most vital cause is really bias. This may result from 
relationship or friendship to the accused, or interest in 
the outcome of the case, antagonism to the Service or to 
Forest officers concerned or to fire or game prosecutions, 
or belief in burning as advantageous, etc. 



NATIONAL FORESTS. 77 

Of peremptory challenges the prosecution is entitled 
to Jive, for which no cause need be shown, and the de- 
fendant is entitled to ten. Since peremptory challenges 
are limited in number, challenge for cause should always 
be first exhausted. In making a peremptory challenge, 
simply say to the court, " I would like to have John Doe 
excused"; never say, "I challenge John Doe." 

3. Opening statement of the prosecution to the court 
and jury, outlining briefly what the case is and in gen- 
eral terms what the prosecution expects to prove. 

4. Introduction of evidence by. the prosecution, each 
witness for the prosecution being examined in the follow- 
ing order: 

a. Examination in chief, or direct examination, by 

the prosecution. 

b. Cross-examination by the defendant. 

c. Reexamination by the prosecution. 

5. Prosecution rests its case. 

6. Statement by the defense of its case, with a brief 
outline of what it expects to prove. 

7. Introduction of evidence by the defense, each wit- 
ness for the defendant being examined in the following 
order: 

a. Direct examination by the defense. 

b. Cross-examination by the prosecution. 

c. Reexamination by the defense. 

8. Rebuttal, if any, by the prosecution. 

9. Argument; prosecution opens, then defense, then a 
rejoinder by the prosecution if it so desires. 

10. Charge to the jury by the court. 

11. Verdict of jury. 

12. Sentence or discharge of defendant. 

EXAMINATION OF WITNESSES. 

Direct examination, or examination in chief. — Witnesses 
are directly examined by the side for which they appear, 
to elicit the truth about the matter involved in the case, 
or so much thereof as will be calculated to benefit the case 
of the party calling the witness. One should know just 
what facts can be proven by the witness and ask only 
such questions as are necessary to bring out those facta. 



78 NATIONAL FORESTS. 

Never ask a question without a definite object, and when 
the witness has given the testimony for which he has 
been called, discontinue the examination at once. With 
a favorably disposed witness, endeavor to put him at his 
ease. Adopt a respectful and friendly manner and begin 
by asking a few simple questions, such as name, place of 
residence, and business, in an ordinary conversational 
tone, giving the witness time to collect his ideas and get 
over the natural embarrassment which most persons feel 
when first put upon the stand. Then direct his mind to 
the matter about which his testimony is required, and 
after starting him on the right track, let him tell his story 
in his own way, with no more interruption than is neces- 
sary, since interruptions tend to confuse and irritate. If 
interruptions are necessary they should be made in a 
pleasant and even apologetic manner. 

If it is necessary to call a hostile witness, one should 
adopt a more positive manner and should endeavor to 
make him state just so much as is required and no more. 
All attempts at explanation should be stopped by telling 
him that he will have an opportunity for making them 
as soon as he has answered all the questions. When this 
time arrives he will probably have forgotten most of them , 
and the others will prove less effective than if made in 
connection with the statement which they are intended to 
qualify. If %)ie hostility of the witness is made apparent 
to the court he can and should permit leading questions 
(in which the answer is indicated by the question) to be 
asked in the examination in chief, although ordinarily one 
is not allowed to ask his own witnesses leading questions. 

In introducing a map as evidence, if objection is raised 
by the defense on the score of accuracy, which can not 
otherwise be overcome, state that you merely wish to 
introduce this map to illustrate the witness's testimony. 

Cross-examination. — ^The witness under cross-examina- 
tion is of the opposing side ; he is presumably adverse and 
is likely to say something damaging if given the oppor- 
tunity. Therefore the rule never to ask a question with- 
out a definite object is doubly important. Indirect or 
camouflaged questions (as discussed on p. 52) are of the 
greatest service in cross-examination, to drag out facts 
which the witness will be on his guard against admitting. 



NATIONAL FORESTS. 79 

The principal things to be guarded against in cross- 
examining are: (1) Permitting the witness to supply any 
omissions which he may have made in his testimony in 
chief; (2) permitting him to explain any apparent incon- 
sistencies that he may have fallen into; (3) allowing him 
to repeat and emphasize his testimony given on direct 
examination; (4) asking any question which will give 
the opposing counsel opportunity to bring out on re- 
examination (which see) some unfavorable testimony 
which would not have been admissible but for the inju- 
dicious question put during the cross-examination. 

It is well to learn all you can about the history of the 
witness you expect to cross-examine, as facts concerning 
his life or previous activities may enable you to either 
discredit his testimony or bring out facts' to help your 
own case. The main idea of the cross-examination is to 
discover the weak point or points in the witness to be 
cross-examined. If the witness has, on direct examina- 
tion, told a story which is known to be or is evidently 
fabricated, such fabrication can not be exposed by taking 
the witness step by step over the story as he told it on 
direct examination, but either by beginning to cross- 
examine concerning facts outside the story, or by skipping 
back and forth from one point in the story to another, or 
both, in order if possible to disconnect liis fal)ricated train 
of thought. 

If a defendant denies on the stand a confession intro- 
duced by your Mdtnesses (as discussed on p. 74), the 
introduction of his signed confession statement by your 
side will help to impeach his testimony Its effective- 
ness upon the jury can be materially strengthened by the 
following ruse: Fii-st, appear to pass over the matter; 
then casually ask the defendant to write on paper a num- 
ber of apparently meaningless words, such as "cat, dog, 
car, land, stone," etc. Some of the words included, how- 
ever, are words whose initial letters, and certain syllables 
in them, are the same as corresponding elements in the 
defendant's signature. At the end he is asked to sign 
his name. If he has written his usual signature, it is 
then immediately shown the jury, side by side with the 



80 NATIONAL FORESTS. 

confession statement and his signature appearing at the 
close of the latter. If he has been shrewd enough to sus- 
pect a ruse, and has disguised his signature to the list of 
words, this fact can be demonstrated to the jury on the 
spot, by comparing the signature with the corresponding 
syllables and letters appearing in the words themselves, 
and also showing that the latter do correspond with his 
confession signature. 

Reexamination. — This is for the primary purpose of 
repairing any damage which opposing counsel may have 
done to one's case in his cross-examination of your wit- 
ness. Advantage is of course taken of the opportunity to 
strengthen one's own case in any particulars in which the 
need for it may have become apparent, and in which it is 
possible to do so. But no new matters may be intro- 
duced, imless the opposing side has opened the way for 
them in questions on cross-examination. 

Rebuttal, etc. — Rebuttal testimony, as the name im- 
plies, must be baped on testimony already introduced by 
your opponent, which it is desired to refute or nullify. 
Additional testimony regarding a confession which the 
defendant has denied on the stand can, for example, be 
introduced in rebuttal. In such a case a witness on your 
side can then be asked the direct question whether he 
remembers a given conversation or statement. But no 
new material, i. e., matters for which the way has not 
been opened by preceding testimony, can be introduced. 

One of the common methods of rebuttal is the im- 
peachment of opposing testimony. The credit of a wit- 
ness may be impeached in four ways: (1) By disproving, 
by the testimony of other witnesses, any facts stated by 
him which are material to the issues on trial; (2) by proof 
of his having made statements out of court inconsistent 
with his testimony (this being usable only if you have 
first laid the necessary foundation by interrogating the 
witness) in the cross-examination, about such contradic- 
tory statements; (3) by proof of any facts showing a bias 
or prejudice on the part of a witness in favor of the party 
by whom he was called, or against the prosecution (such 
as relationship, sympathy, or interest in the outcome of 



NATIONAL FORESTS. 81 

the case); (4) by general evidence affecting the witness's 
character for veracity. (But see p. 83.) 

Direct and reexamination by opposing side.- — During direct 
examination, or reexamination, of their own witnesses by 
the opposing side, attention must be given to all the ques- 
tions and answers. Notes taken of the testimony are very 
helfpul for one's own cross-examination of opposing wit- 
nesses, as well as for one's argument to the jury if such an 
argument is to be made. 

OBJECTIONS. 

The strictest attention is necessary, during examination 
of their own witnesses by the opposing side, to questions, 
both to see that they are properly put and to ascertain 
their design; and to the answers, so as to consider their 
effect, and to prevent any illegal testimony (see under 
"Evidence") from being received without objection. 
Good judgment and great quickness of perception are 
necessary, as well as familiarity mth the law of evidence, 
to know exactly when and how to object to evidence. 
The making of too frequent and too frivolous objections 
is apt to have a bad effect on the jury, especially when 
they are overruled; on the other hand, many a case has 
been won by skill in invoking and enforcing them at the 
right moment. 

Improper questions must be objected to before they 
are answered. If, however, the question be one which 
does not necessarily call for incompetent testimony but 
such testimony is in fact given in reply thereto, objection 
should be made, not to the question but to the answer, 
or to such part thereof as may be incompetent or irrele- 
vant, as soon as this fact becomes apparent. When a 
question calls for evidence which may or may not be 
competent, the 'opposing counsel has a right to interpose 
and cross-examine the witness upon points material to the 
competency of his proppsed answer; and when a question 
calls for evidence which may or may not be relevant, the 
questioner may be required to state beforehand the sub- 
stance of what he expects to prove by the witness, in order 
that its admissibility may be determined. Leading 
173097—20 6 



82 NATIONAL FORESTS. 

questions need not be objected to unless the answer which 
they suggest is material to the case and objectionable to 
the opposing side. In merely formal or introductory mat- 
ters leading questions are not only unobjectionable, but 
rather desirable, as calculated to save time by bringing 
the witness to the point at once. 

Objections to questions need not ordinarily be made to 
the court in the first instance, but rather by a good-natured 
caution to the opposing counsel. If he persists in offend- 
ing along the same line, direct appeal to the judge is in 
order. 

THE LAW OF EVIDENCE. 

The rules as to what facts may be presented in evidence, 
how they may be presented, and their effect, constitute 
the law of evidence. 

The general rule is that evidence, to be admissible in 
court, must be (1) relevant, i. e., directly related to, hav- 
ing a material bearing upon, the "facts in issue" (see 
below); and (2) competent, i. e., the proper kind of evi- 
dence by which to prove any relevant fact alleged. 

FACTS ADMISSIBLE IN EVIDENCE. 

Facts in issue.— In a criminal case whatever facts must 
necessarily be considered by the court in determining 
whether the accused is guilty are relevant, and evidence 
as to their existence or nonexistence may be introduced. 
Such facts are said to be "in issue." For instance, in the 
trial on an indictment of the accused for willfully setting 
on fire certain timber, underbrush, and grass on the public 
domain, the following facts are necessarily involved, that 
is, are "in issue," and may be proven: (1) That there was 
a man-caused fire at a certain time and place on the public 
domain, by which timber, underbrush, and grass were 
burned; (2) that this fire was set or caused to be set by the 
accused; and (3) that in doing this the accused acted 
willfully. 

Facts relevant to the issue. — Facts not themselves directly 
in issue but which, being proved to the court, would 
establish conclusively the existence or nonexistence of 
the facts in issue, are called "facts relevant to the issue" 
and may always be given in evidence. This is circum- 



NATIONAL FORESTS. 83 

stantial evidence. All facts so connected with a fact in 
issue as to form a part of the same transaction or subject 
matter (for instance, statements explaining an act and 
made simultaneously therewith); or as constituting a prob- 
able cau;-e for it (as that the accused did or did not have 
any motive, or that he did or did not make any prepara- 
tion for doing it); or as the natural effect of it (as where 
the subsequent conduct of the accused was such as to be 
apparently influenced by his having done the act); or 
as necessary to explain or introduce it, are admissible. 
Such facts are called iCn legal parlance "res gestae." 

When, however, facts offered do not furnish conclusive 
proof of the facts in issue, but merely render their existence 
or nonexistence more or less probable, it is within the 
province of the judge to say whether they may be ad- 
mitted. But the judge's discretion in this connection is 
subject to certain established rules, by which some classes 
of facts are always excluded. 

Character, ojnnion, hearsay. — It is the general rule that 
character, hearsay, and opinions are irrelevant and not 
admissible, except in certain instances. 

The fact of a person having a good or bad character is not 
admissible in evidence as the ground for an inference that 
he did or did not do a certain thing, excepting that in 
criminal cases the accused may show that he has a good 
character as a fact from which the jury may infer that he is 
not guilty. When this fact of character is put in evidence 
by the accused it may be contradicted like any other fact 
and the prosecution may show that he has not a good 
character by proof that he has a bad one. The admission 
of this evidence in rebuttal is in accordance with the prin- 
ciple stated under "Production and Effect of Evidence," 
page 86. 

Hearsay is commonly held not to constitute evidence 
because, (1) it has not been made under the moral obliga- 
tion of an oath, with the liability to criminal prosecution 
in case of falsehood; (2) the accused has had no opportu- 
nity of cross-examining the original witness in order to 
elicit his sources of information, as well as any facts which 
he may not care to disclose, and to test the general accuracy 
of his statements and to show if he has any bias; and (3) 



84 NATIONAL FORESTS. 

the original testimony has not been given in open court 
where the jury might observe the demeanor'of the witness 
while giving it. 

There are certain exceptions to the rule excluding hear- 
say, the most important of which, from our standpoint, are 
(1) where it is rendered necessary by the difficulty of other 
proof (for example, statements of a dying person); (2) 
where the circumstances under which hearsay statements 
are made furnish some guarantee of their reliability other 
than the fact of their having been made; (3) where such 
statements are in the nature of confessions or admissions 
(which may or may not constitute hearsay). An admis- 
sion, in general, may be either (a) a direct statement of 
main facts in issue, or (b) a statement, or act, from which 
inferences may be drawn as to main facts in issue. A 
direct statement, in criminal cases, of complicity or guilt 
in respect to main facts in issue is called a confession, and 
to be admissil)le it must be made voluntarily. No con- 
fession is considered voluntary if made under promise or 
threat from a person in authority. The term admission is 
usually restricted to involuntary statements, or acts (im- 
plied admissions), from which inferences can be drawn as 
to main facts in issue, and these are in the nature of cir- 
cumstantial evidence. Statements which constitute con- 
fessions or admissions must be proved in the ordinary way 
by the introduction of testimony, oral or written, as to the 
language constituting the admission; and where they are 
also in the nature of hearsay, the precautions noted on 
page 47 should be observed. 

Opinion is usually not admissible in evidence, except 
by an expert duly qualified as such. Such qualification 
is established in the direct examination, simply by asking 
the witness whether he has had experience in the matter 
in question (as in tracking, for example), how much ex- 
perience, over how many years, etc. This may be done 
immediately after the opening questions as to name, resi- 
dence, and occupation, if the testimony involving opinion 
is then desired; otherwise, whenever the point in his testi- 
mony is reached where it is desired to introduce the latter. 
The questions designed to bring out the testimony of 
opinion can then be proceeded with. It is not necessary 



NATIONAL FORESTS. 85 

to make any formal statement of intention to qualify the 
witness as an expert. If the qualification as an expert has 
inadvertently been omitted, opposing counsel will dou])t- 
less object as soon as questions involving opinion are in- 
troduced; whereupon the qualification as an expert can be 
made, and the evidence in question admitted by the court 
if the qualifications be deemed sufficient by him. 

KINDS OF PROOF BY WHICH FACTS IN ISSUE MAY BE 
ESTABLISHED. 

Facts regularly proven. — It is the general rule that courts 
in deciding issues of fact will consider only such evidence 
as may have been presented by the respective parties, 
and will entirely disregard all facts not regularly proven; 
but to this rule there are two exceptions, the first being as to 
certain facts of which the courts take "judicial notice," 
or recognize as within their ow^n knowledge without re- 
quiring any proof thereof ; the second being as to such facts 
as are formally admitted by both sides. The latter class 
is not of so much importance in criminal cases as in civil 
actions, where a mutual agreement on such points may 
materially reduce the ground necessary to be covered by 
proof. 

Primary and secondary evidence. — Ordinarily the most 
natural and satisfactory method of proving the existence 
or nonexistence of any fact is by the direct oral testimony 
of witnesses; but to this there are certain exceptions. 
Oral evidence may not ordinarily be given of any transac- 
tion of a public nature of which the law requires a record 
to be kept (for example, judicial proceedings must be 
proved from the records of the court and not by the oral 
testimony of persons who w^ere present at the trial). The 
contents of a written instrument ordinarily can only be 
proven by production of the document itself. The terms of 
a contract or grant which the parties have reduced to writ- 
ing and which is sought to be proven by one of the parties, 
must be proven by production of the document itself, 
except in certain cases. The general rule is that all facts 
must be proved by the best kind of evidence obtainable, 
called "primary evidence"; but under certain specified 
circumstances the proof of the contents of writings is per- 



86 NATIONAL FORESTS. 

mitted — as when the original has been destroyed — by 
means of copies, oral testimony, etc., called "secondary 
evidence." 

Along with oral testimony there may also be produced 
in evidence and identified by the witnesses, various 
things other than documents, which it is desired to have 
the jury inspect. Such documents and objects are desig- 
nated as "exhibits." 

PRODUCTION AND EFFECT OF EVIDENCE 

As to parties by whom proof must be produced, it is 
obvious that the suitor who relies upon certain facts should 
be called upon to prove them. The general rule is that 
the burden of proof is upon the party who asserts the affirm- 
itive of the issue. In a criminal proceeding the burden of 
proof is upon the prosecution, which, in order to obtain a 
conviction, must prove the guilt of the accused beyond a 
reasonable doubt. The prosecution must produce its 
evidence first^ — and must exhaust its evidence in the first 
instance; that is, the prosecution may not first rely upon a 
prima facie case and after that has been shaken by the 
proof offered by the accused, call other evidence to con- 
firm it. After the accused has concluded his proof the 
prosecution can only bring in further evidence for the 
purpose of contradicting the affirmative facts brought into 
the case by the accused, and may not attempt to prove 
his guilt by evidence of a state of facts different from that 
offered in the first instance. 

Thus, if in the trial on an indictment of the accused for 
willfully setting on fire certain timber, underbrush, and 
grass on the public domain, evidence be offered that the 
accused set certain lenses designed to concentrate the rays 
of the sun on a bunch of matches surrounded by inflam- 
mable material, and that thereafter the fire occurred, and 
the accused should then offer evidence to the effect that 
the so-called lenses were defective and would not concen- 
trate the rays of the sun, the prosecution could attempt to 
contradict this evidence of the accused, but could not offer 
evidence tending to show that the accused after observing 
the failure of the lenses returned and started the fire with 
a torch. 



NATIONAL FORESTS. 87 

COMPETENCY OF WITNESSES. 

All persons offered as witnesses are presumed to be com- 
petent to testify, until the contrary is shown to the satis- 
faction of the court. Objection to the competency of a 
witness must be made before his examination in chief, if 
the disqualification is then known to the party objecting, 
or if it is not then known, the objection must be made as 
soon as the disqualification appears. A witness may be 
incompetent owing to want of mental capacity, arising 
from extreme youth, disease, intoxication, or other cause. 
The defendant in a criminal case is a competent witness 
in his own behalf but is not compellable to testify. A 
lawyer is not permitted, except with his client's express 
consent, to testify as to any confidential communication 
made to him by or on behalf of his client during the course 
and for the purpose of his employment. Husband and 
wife are not permitted to disclose confidential communi- 
cations made to each other during the marriage, even if 
the marriage has since been terminated by divorce or the 
death of one of the parties. Under the California law 
neither the husband nor wife is a competent witness for or 
against the other in a criminal action or proceeding to 
which one or both are parties, except with the consent of 
both, or in cases involving violence upon one by the other 
(and those involving failure to support the wife or child). 

EDUCATIONAL ACTIVITIES. 

Enthusiasm in the work to which the preceding instruc- 
tions are devoted must not lead us to forget the work of 
education toward fire prevention. This must now be 
pushed harder than ever. Each Forest officer will be ex- 
pected to seize every opportunity to spread this gospel, by 
personal conversation, and not less by speaking at local 
gatherings, and to make such opportunities whenever a 
chance appears. 

It is not impossible for any of us to make such talks. 
Oratory may help; but the only thing a man can really 
put across is himself, the things in which he works and 
lives and which, for the same reason, are near both to him 
and to his community people. These, told with the sim- 



88 NATIONAL FORESTS. 

pie conviction born of them, will get farther than any 
oratory without them. And these are present to all of us. 
The need is here, and is great; we are the men who are 
here; and we shall be as any other slackers if we don't 
come across to meet it. 

Personal appeal is always open and effective. Such 
appeal may be made in many directions; for example, to 
the patriotism of the stockman, in respect to both need of 
the resources which fire destroys and the labor which fire 
fighting takes from productive work. This appeal can be 
greatly strengthened by showing them how much their 
own self-interest is really served by fire protection,^ and 
informing them of our now increased possibilities in con- 
struction of range improvements for them on the basis of 
mutual cooperation in stopping fires, as well as our deci- 
sion to cancel the permits of those who do not meet us half 
way; and other measures of which you will be informed 
in more detail by the supervisors. 

ACKNOWLEDGMENTS. 

For many of the good points embodied in these instruc- 
tions, the Forest Service is indebted to the following men, 
who have addressed the annual law enforcement confer- 
ences at the San Francisco office: 

J. W. Stevens, chief of the Pacific Bureau of Fire Pre- 
vention, San Francisco; August Volmer, chief of police, 
Berkeley, Calif.; Frank McConnell, detective sergeant, 
police department, San Francisco; R. T>. Duke, attorney 
for the California State Fish and Game Commission; Dr. 
Albert Schneider, microscopist, affiliated colleges, San 
Francisco; also to an excellent book entitled "Criminal 
Investigation," by Dr. Hans Gross, University of Prague, 
translated by John and J. Collyer Adam, Egmore, Madras, 
British India, 1906. 

Nor would the completeness of the instructions have 
been possible except for the practical contributions and 
the enthusiastic help of the Forest officers who have par- 
ticipated in the conferences. 

< Many stockmen are reported to be beginning to see that the con- 
tinued brush fires are undesirable from their ow-n standpoint, killing 
out the good forage while the worthless ones survive. 



NATIONAL FORESTS. 89 

APPENDIX A. 

Equipment. 

Speed in get-away will often be as essential in the crim- 
inal detection work as in fire suppression. Complete 
equipment should be kept in a cariying case reserved for 
this purpose. The only way to insure its completeness is 
to look over and replenish equipment when you return from 
a case, and not leave it until you want to start again. Have 
a list of what should be there pasted on the inside flap of 
the case. Equipment should include: 

Law Enforcement manual. 

Fish and Game Laws pamphlet. 

Notebook (common red bound Form 289), pencils (one 
hard drawing), fountain pen if available, writing paper 
and a few envelopes, forms (expense, etc.). 

Maps (general location) and square-ruled paper for 
making local sketches. 

Compass (F. S., or else box and Abney level), pocket 
steel tape or light rule. 

The above, except for the fountain pen, may be obtained 
on requisition through the supervisor. 

Finger-print powders and containers, camel's-hair brush, 
atomizer spray and shellac solution, plaster of paris, and 
water glass if desired. These may either be obtained 
locally, price to be included in reimbursement accounts, 
or they will be purchased in San Francisco upon request. 
Except when otherwise requisitioned, the finger-print 
powders furnished will be dragon's blood for light surfaces 
and talcum powder for dark surfaces, together with shellac 
solution and atomizer for fixing the nonsetting powders. 
A leather case with compartments for the finger-print 
bottles is convenient but not necessary, and can not be 
officially furnished. Bottles will be furnished on requi- 
sition, of such size as to fit in a tobacco can which can be 
lined with flannel at home. 

Cleaned gloves for finger-print work. 

Camera and tripod are often of very great value. They 
should be included in the equipment when they are avail- 
able. Films used for privately owned cameras in official 
work may be purchased officially. (See supervisor for 



90 NATIONAL FORESTS. 

procedure.) In order that reimbursement may be made 
in the event of damage to privately owned cameras used 
in official work, application should be made through the 
supervisor for a contract of hire by the Forest Service. 

The attachment called Universal clamp and tripod head, 
which permits attachment of a camera to boards or other 
supports at any angle, will be furnished on requisition for 
official use. 



APPENDIX B. 
Federal Courts and United States Commissioners. 

The State of California is divided into Federal judicial 
districts as follows: 

NORTHERN DISTRICT. 

Commissioners in this district are: 

Address. 

C. S. Baldwin Alturas. 

Geo. E. Bradnack Dorris. 

J. E. Ebert Marysville. 

Herbert South Gans Red Bluff. 

Thos. E. Hayden .San Francisco. 

Francis Krull San Francisco. 

Silas W. Mack Monterey. 

H. R. McNoble Stockton. 

Irwin T. Quinn Eureka. 

G. R. Redwine Covelo. 

H. W. Scott HoUister. 

Richard Webb Jackson. 

Martin I. Welsh Sacramento. 

E. M. Whitney Willits. 

Divisions, — For Federal court purposes the Northern 
District is divided into: 

Northern Division, comprising the counties of Del 
Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Las- 
sen, Tehama, Plumas, Mendocino, Lake, Colusa, Glenn, 
Butte, Sierra, Sutter, Yuba, Nevada, Sonoma, Napa, Yolo, 
Placer, Solano, Sacramento, Eldorado, San Joaquin, Am- 
ador, Calaveras, Stanislaus, Tuolumne, Alpine, and Mono. 

Court is held at Sacramento, second Monday in April 



NATIONAL FORESTS. 91 

and first Monday in October; and at Eureka, third Monday 
in July. 

Southern Division, comprising the counties of San 
Francisco, Marin, Contra Costa, Alameda, San Mateo, 
Santa Clara, Santa Cruz, Monterey, and San Benito. 

Court is held at San Francisco, first Monday in March, 
second Monday in July, and first Mondy in November. 

SOUTHERN DISTRICT. 

Commissioners in this district are : 

Address. 

F. W. Benshoof Riverside. 

Chas. E, Burch San Diego. 

Garth B. Campbell Fresno. 

Wm. B. Chaplin Bakersfield. 

Daniel M. Hammack j. . . Los Angeles. 

H. W. Phipps San Bernardino. 

Chas. Post San Bernardino. 

Miles Wallace Fresno. 

H. L.Welch ElCentro. 

Divisions for Federal court purposes are: 

Northern Division, comprising the counties of 
Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, 
and Tulare. 

Court is held at Fresno, first Monday in May and second 
Monday in November. 

Southern Division, comprising the counties of Impe- 
rial, Los Angeles, Orange, Riverside, San Bernardino, San 
Diego, San Luis Obispo, Santa Barbara, and Ventura. 

Court is held at Los Angeles, second Monday in January 
and second Monday in July; and at San Diego, second 
Monday in March and second Monday in September. 



APPENDIX C. 
Form of Legal Processes. 

It is well for the Forest officer to be familiar with the 
proper forms of the legal processes with which he will 
have to do. Warrants, subpoenas, etc., however, will be 
prepared by the issuing magistrate and the Forest officer 



92 NATIONAL FORESTS. 

will have no direct responsibility for their form; he will 
only need to be sure that they properly state the facts of 
the case, which he must properly have stated in his com- 
plaint (see p. 60). The correctness of the latter only his 
knowledge and care can insure, and he must therefore be 
thoroughly familiar with its requirements. On any doubt- 
ful points, especially of form, the magistrate will doubtless 
be glad to give him assistance; but he should not be en- 
tirely dependent on such help. 

Complaint. — The following is an accepted form. The 
numbers (a), (b), etc., inserted in the blank spaces refer 
to illustrative wordings for different kinds of cases, follow- 
ing. These, however, should not be followed verbatim 
unless they fit the individual case; every case should be 
stated on its own merits. 

IN THE JUSTICE'S COURT 

of 

TOWNSHIP, COUNTY OF 

STATE OF CALIFORNIA. 

The People of the State of California 
Plaintiff, ] 

V. 

Defendant. I 



Complaint— Criminal. P. C. Sees. 806, 809, 1426. 

Personally appeared before me, this 

day of ,19.., of 

, in the County of 

, State of 

California, who, first being sworn, complains and says: 

That.- (a) .. (b) 

of on the day of 

, 19- . , and before the filing of this 

complaint, at , in the said 

County of , State of California, 

(c)-- (d).- (e).. (f) 



all of which is contrary to the statute in such cases made 



NATIONAL FORESTS. 93 

and provided, and against the peace and dignity of the 
people of the State of California. 



Said complainant therefore prays that a warrant may 

be issued for arrest of the said 

and that. .he. .may be dealt with 

according to law. 

Subscribed and sworn to before me this 

day of ,19... 

Justice of the Peace of said Township. 
Illustrative wordings: 

(a) John Doe of Peanut, California, 

(b) John Doe of Peanut, California, and Richard Roe 
of Milpitas, California, 

(c) did in violation of subsection 1 of section 384 of the 
Penal Code of the State of California set fire, or cause or 
procure fire to be set, to forest, brush, and other inflam- 
mable vegetation growing on lands not his own without 
the permission of the owner of such lands, to wit: the SE 
SE Section 2, T 23 N, R 11 W, M. D. M. 

(d) did in violation of subsection 2 of section 384 of the 
Penal Code of the State of California allow a fire to escape 
fr6m his control, he having charge thereof, and spread to 
lands not his own, to wit: the SE SE Section 2, T 23 N, 
R 11 W, M-. D. M., without using every reasonable and 
proper precaution to prevent such fire from escaping, 
whereby timber, brush, and other inflammable vegetation 
on said lands was burned. 

(e) did in violation of subsection 3 of Section 384 of the 
Penal Code of the State of California burn brush, logs, 
fallen timber and grass on his own land without taking 
every proper and reasonable precaution to prevent the 
escape of the fire, whereby said fire did escape and spread 
to the lands of another, and did burn timber, brush, and 
other inflammable vegetation on such lands. 

(f) did in violation of subsection 6 of Section 384 of the 
Penal Code of the State of California leave a fire burning 
and unextinguished upon departing from a camp or camp- 
ing place in the SE SE section 2, f 23 N, R 11 W, M. D. M. 



94 NATIONAL FORESTS. 

Affidavits.- — A complete and satisfactory form is as 
follows : 
State of California 1 

}SS. 

County of I 

John Doe, of 

being first duly sworn, deposes and says: 



Signed 

(Affiant) 

Subscribed and sworn to before me at 

this day of ,19. 



Forest Ranger. 
If the statement to which affidavit is desii'ed has already 
been written, or if it seems undesirable, on account of the 
effect on the witness, to begin the written statement with 
the formality of an affidavit (see p. 46), the form of oath 
only, following the signature of the affiant, will be suffi- 
cient. 

APPENDIX D. 

Outline for Law Enforcement Investigation Report 
TO District F'orester. 

(See p. 70). 

1. Trespass case designation (or fire, etc., if case not 
carried to trespass status). 

2. Name of trespasser (unless given in designation), 
and address. 

3. Is trespasser a Forest user? if so, how? 

4. Nature of trespass; location; eize of area (e. g. in fire); 
date (unless given in designation). 

5. (a) Was it prosecuted? under what statute? where 
tried? when? result of trial, (b) If not tried, what dis- 
position was made of case? 

6. Name of investigating officer (and assistants, if any); 
dates investigation commenced and closed. 



NATIONAL FORESTS. 96 

7. Brief summary of evidence against suspect or defend- 
ant. 

8. Suggestions for publicity on this case; and for action 
respecting justice, or other officer, if any. (See p. 71.) 

9. Personal description of trespasser (in cases of convic- 
tion; or of aggravated malice, when not convicted): (a) 
age; (b) height; (c) weight; (d) eyes; (e) hair; (f) any 
other peculiarities aiding in identification; (g) occupation; 
(h) habits (especially if peculiar and having bearing on 
identification or apprehension); (i) general reputation; 
(j) associates; (k) additional remarks. 

10. (a) Signature of reporting officer; (b) place and date 
of report. 

APPENDIX E. 
Mimeograph Additions. 

Increased experience in law enforcement is bound to 
teach us new ideas. Everyone engaged in the work must 
contribute to the. good of all by sending in such ideas and 
suggestions. These will be mimeographed and sent to all 
those using these instructions. They ^\ill be on sheets 
such that they can be pasted in immediately following the 
manual. Each new item will be numbered, and will be 
followed by the reference to page and line of these in- 
structions to which it applies. Each holder of a copy of 
the manual will then be responsible for inserting this 
number, as given, in the margin of his copy at the point 
to which each addition refers. This is the only way to 
keep such additions useful and usable. 

All such additions prior to the present issue of theso 
instructions should be discarded. 



INDEX. 



Page. 

Accuracy of testimony, Increasing the 49 

Acquittal in justice's court no bar to Federal prosecution 16 

Action, courses of in respect to trespasses 14, 18, 19,21 

Actions under legal proccvsses 58 

Additions to manual 95 

Administrative action: 

Fire trespass 17 

Fish and game trespass 19 

Grazing trespass 20 

Occupancy trespass 21 

Admissions, use of as evidence *. 55,84 

Advice: 

Legal 5 

On inciirring expenses 67 

Affidavits 58, 94 

Alibis, breaking down 52 

Amendment of complaint 75 

Antagonism, avoiding in interviews 45 

Argument to the jury 74, 77 

Army, United States, cooperation with 58 

Arraignment in court 76 

Arrest: 

Bearing of on taking finger prints 39 

Complaints and warrants for 59 

Expenses in connection with 67 

Making the 63 

On justice's warrant in another county 62 

Precautions in Federal cases 59 

Value of assistance in making 24 

Without warrant 59,64,65 

Arresting Indians on a reservation 13 

Ashes, recording footprints in 35 

Assistance: 

From district office 2, 42 

In apprehending suspects in remote centers 58 

In making arrests 63 

Assistant, use of: 

In arrest 24 

In interrogation 51 

In searching for and following clues 24,28,31 

^ 173097—20 7 97 



98 INDEX. 

Page. 

Associations, cooperative fire 13 

Attitude of officers, importance in interrogation 44 

Authority of Forest officers 5 

Automobile numbers, desirability of registering 34 

Automobile tracks, following and interpreting 33 

Automobiles, searching 65 

Backfires, legal status of 10, 11 

Bias: 

Challenge of witnesses for, in court 76 

Effect of on testimony 43 

Binding over prisoners to Federal courts 65 

Bluflf, use of 54 

Brush, following tracks through 32 

Bulldozing, avoiding charges of 63 

Burden, carrying effect of on tracks 32 

Burden of proof, in court 86 

Burnt paper, to restore 40 

Camera, universal clamp and tripod head for 38,90 

Case: • 

In court, the 76 

Preparing for court 71 

Preparation of— 

Bearing of complaint on 60 

Materials for 68 

The complete 30 

The true 28 

Which will stand in court 30 

Casts of footprints, making 35 

Cement, Portland, for making casts 35,36 

Challenge of jurors 76 

Character, use of in evidence 68, 79, 83 

Check tracks, getting 32 

Circumstantial evidence 82,84 

Civil action: 

Fire trespass 14, 17 

Grazing trespass 19,20 

Occupancy trespass 21 

Property trespass 22 

Civil laws 13 

Claims, wildcat mining, etc 21 

Clues: 

Searching for 25 

Special 31 

What they are 25 

Commandeering property 13 

Community sentiment 4, 5,16, 17 

Competency of evidence 82 

Competency of witnesses 87 



INDEX. 99 

Complaints: Page. 

Amendment of 75 

And informations 60 

Bearing of on case in court 60 

Form for 92 

In arrest without warrant 64 

Confessions: 

Forcing 54 

Using in court 74 , 79, 80 

Value of as evidence 55 

Conspiracy: 

Federal law of 7 

Prosecution for 15 

Constables: 

Action against 71 

Use of 58, 61 

Cooperation with Department of Justice and United States Army . 58 

Cooperative fire associations, bearing on fire permits 13 

Courses of action in respect to trespasses 14, 18, 19, 21 

Court: 

Decisions affecting — 

Fire cases 9 

Fish and game cases 19 

Grazing cases 20 

Map, preparation of 70 

Preparation for 71 

Procedure 76 

Courts, use of State versus Federal 15 

Courtesy: 

In arrest 63 

In interviewing 44, 47, 50 

Credulity, how to reduce our own 44 

Criminal: 
Action — ' 

Fire trespass 15 

Fish and game trespass 18 

Grazing trespass 19 

Property trespass 22 

Methods, increasing knowledge of ' 56 

Record, previous, use of 53 

Cross-examination 69, 78, 80 

Damage suits for spread of fire, conditions necessary for bringing. . 14 

Damages, double for malicious fires 13 

Daytime, definition of for service of warrants 62 

Decisions of courts affecting law-enforcement cases 9, 18,20 

Defects, bodily: 

As a defense in court 75 

Effect of on tracks 32 

Defenses, anticipating 69, 75 

Dentist, as an expert 42 

Department of Justice, cooperation with 58 



100 INDEX. 

Page. 

Deputy sheriffs, use of 58, 61 

Direct examination, in court 77,81 

Disciplinary action against trespassers. (See Administrative 
action.) 

Discrediting witnesses and testimony 75, 79, 80 

Discretion of supervisors 15, 17, 19 

District attorneys, action against 71 

District forester, investigation report to 70 

District law officer, memorandum for 68 

Dragon's blood powder, for recording finger prints 39 

Documentary evidence 69,85 

Drunkenness, avoiduig advantage of by defense 74 

Dust, recording footprints in 35 

Duties: 

General 1 

Lines of work 3 

Educational activities, in trespass prevention 5, 87 

Equipment 24,89 

Evidence: 

Circumstantial 82, 84 

Documentary, in court 69, 85 

Law of 82 

Preserving perishable 41 

Primary and secondary 85 

Verbal and documentary, securing 42 

Material — 

Guarding 27 

Handling 27 

Examination of witnesses in court 77 

Exhibits, in court procedure 69,86 

Experimenting, vah;e of 35 

Expert testimony 42, 74,84 

Experts, making use of 25,41 

Facts admissible in evidence 82 

Fear of consequences, bearing on testimony 49 

Federal court: 

Cases whiclT must be brought in 15, 16 

Divisions for California '. 90 

Federal prosecution, not barred by acquittal in justice's court ... 16 

Felonies 9 

Service of warrant for 62 

Fighting fires on private land, bearing on obtaining damages 14 

Finger prints 27, 38 

Finger-print powders 38, 89 

Fire: 

Duties respecting 3 

Fighters, duties of in law enforcement 24 

Law- 
Federal 6 

State 10 



INDEX. 101 

Fires: Page. 

Separate, prosecution for : (18 

Spreadine: to other lands 10,12,14 

First man at fire, duties of 24 

Fish and game: 

Duties respeotino; 3 

Laws and regulations 18 

Wardens' appointments, importance of 5, 65 

Force, use of in executing warrants G3, 60 

Form for investigation report to district forester 94 

Forms for affidavit and complaint 91 

Formality, value of in interviewing hostile witnesses 51 

Frameup , getting behind. 51 , 52 

Game. (See Fish and Game.) 

Game refuges 19 

Game warden, search powers of 65 

Getting a witness to talk 45 

Gloves, ase of in liandling evidence material 27, 40 

Grass, dry, following tracks in 32 

Grazing: 

Duties respecting 4 

Trespass, regulations 19 

Guarding objects of evidence 27 

Guards, selection and instruction of 1,3 

Hand lens, value of 39 

Handling evidence material 27 

Hearings, preliminary 75 

Hearsay as evidence 47, 83 

Horses, search warrants for taking tracks of 65 

Hostile and lying witnesses, interviewing 50 

Hostile witnesses, examination of in court 78 

How many men in investigation 24 

Identification: 

Finger prints 39 

Persons 56 

Tracks 31 

Immunity, promises of not to be made 54 

Impaneling the jury 76 

Impeachment of testimony in court 75,79,80 

Impressions of raised surfaces, to take. . i 41 

Inaccuracy in testimony 48 

Incendiaries, taking fewer chances with 54 

Indian reservations, fires originating from 13 

Indians, arresting on a reservation 13 

Indirect questioning, use of 52,78 

Inference, elTect of on accuracy of testimony 48 

Infirmity, bodily, as a defense in court 75 

Information, preliminary, value of 6 

Informations and complaints 60 

Inspection of investigative work 2 

Instructions, necessity of applying to concrete cases 28 



102 INDEX. 

Page. 

Interpretation of clues, importance of 25 

Interrogation, helps to 43 

Interviewing: 

Hostileand lying witnesses 50 

Intentional offenders 53 

Truthful witnesses 45 

Unintentional offenders 47 

Whoshould do 45 

Investigation: 

D uties respecting 2 

Methods in 22 

Report to district forester 70,94 

Investigators, special 2,42 

Judical interpretations: 

Federal law 9 

State law 12 

Jurors, challenge of in court 76 

Jury: 

Danger of prejudicing 26,37, 70, 73 

Impaneling the 76 

Justice 's courts, j urisdiction of 16 

Justices of peace, action when remiss in duty 61, 71 

Keeping temper 55 

Knowing how you know, necessity of 34 

Knowledge of men, value of 43 

Law of evidence, the 82 

Laws and regulations 6 

Laws: 

Fire 6 

Property trespass 22 

Leading questions, in court examinations 78, 82 

Legal- 
Assistance 4 

Bearings to be considered in interviews 47 

Processes, actions under 68 

Leniency, recommending in court 72 

Limitations upon service of warrants of arrest 62 

Lying witnesses: 

Interviewing 50 

Studying previous testimony of 44 

Magistrates hostile to law enforcement, action against 61, 70 

Main case, preparing the 68 

Manipulation of finger prints 38 

Maps: 

Preparation of 26, 70 

Use of in court 78 

Mark, private, putting on evidence found 27 

Memory, bearing on accuracy of testimony 48 

Men, number for investigative work 24 



INDEX. 103 

Mental picture of— Page. 

Case, importance of 23,25,43,40 

Testimony, importance of 53 

Microscopist, value of expert 41 

Mining claims, wildcat 21 

Misdemeanors 9, 10 

Service of warrants for 02 

Modeling paste, to make 37 

Monomania as a defense in court 74 

Motives: 

For lying 43 , 53 

Study of 44 

Municipalities, exempt from action of State forest-fire law U 

Nervous tension, value of in interviewing hostile witnesses 51 , 54 

Night service of warrants 02, GO 

Notebook: 

Advantages of bound 27 

Record. (See Record, notebook.) 

Notice of fires on private land, necessary for damage suits 14 

Objections to testimony in court 81 

Observation: 

Poor, bearing on accuracy of testimony 48 

Value of in investigation work 22 

Occupancy trespass 21 

Occupation, bearing on accuracy of testimony 49 

Open-mindedness, necessity of 29 

Opinion, use of in evidence 74,84 

Outline: 

For preparing memorandum of case 09 

For investigation report to district forester 94 

For personal description of suspects 95 

Papers, restoring mutilated and burned 40 

Peace powers: 

Bearing of on serving warrants 59,01,05 

State, when Forest officers have 5 

Peremptory challenge of jurors 77 

Perishable evidence, preserving 41 

Perjury: 

Federal law on 8 

Federal law on, use of in interviews 55 

Prosecution for ; 55,59 

Permits for burning 13 

Personal appeal for cooperation 88 

Personal description: 

Identification of persons from 57 

Of suspects 51, 50, 95 

Photographs: 

Enlargements from, in court 38, 39, 73 

Identification of persons from 50 

Requirements for use as evidence 27, 73 



104 INDEX. 

Photographing: Page. 

Dim writing 40 

Tracks 38 

Picture, mental: 

Of case, value of 23, 25, 43, 46 

Of testimony, value of 53 

Pine needles, following tracks in 32 

Plain clothes work 57 

Plan of campaign 28 

Planning the court case 71 

Plaster of paris, making casts with 35,36 

Playing clean 55 

Portland cement, for taking casts of tracks 35, 36 

Preliminary hearings 75 

Preliminary information, value of 6,23,43,79 

Preparation— 

For interview 50 

Of the case 68 

Of the case, bearing of complaint on -60 

Preparing: 

For court 71 

Witnesses 73 

Preserving perishable evidence 41 

Prevention, duties respecting 5, 89 

Primary evidence 85 

Principles, applying to concrete cases 28 

Private rights, violations respecting 5 

Production and effect of evidence 86 

Promises and threats, avoiding 54 

Property trespass 22 

Prosecuting several persons for the same fire 68 

Prosecuting the same person for separate fires 68 

Protection in execution of warrants 04 , 66 

Public sentiment, bearing of on court to be used. 16 

Public talks 87 

Publicity for prosecutions 71 

Qualifications for investigative work 2, 22 

Questioning— 

In cross-examination 78 

In interviews 40, 49, 51 

To force a confession 54 

Questions: 

Improper, objecting to in court 81 

Leading, in court 78, 82 

Opposing, attention to in court 81 

Rebuttal 69,82 

Receipts: 

Giving, for articles seized on search warrants 66 

Taking, for articles turned over to marshal or sheriff 28 



INDEX. 105 

Page. 

Record, notebook 24, 26 

Of clues, etc 26, 27, 28 

Of interviews 46,51,53 

Use of in testimony 73 

Recording: 

Finger prints 38 

Tracks 34 

Recovery, probable, effect of on starting damage suits 15, 17, 20 

Reexamination in court 80, 81 

Regulations, Department of Agriculture 8, 18, 19,21, 67 

Reimbursement for expense 67 

Relevancy of evidence 81 , 82 

Replica of a track from a cast 36 

Report, Form 856 15, 17, 19, 68, 94 

Report of investigation, to district forester 70,94 

Reports 2 

Restoring mutilated papers 40 

Return of warrants 64 

Rewards 16, 58 

Sand, recording footprints in 34, 35 

Search: 

On arrest 63 

Warrants 65 

Without warrant 66 

Searching for clues 25 

Secondary evidence 85 

Self-interest, use of in inducing statement 47 

Sentence on plea of guilty 64 

Sentence suspended 72 

Sentiment, community 4, 5, 16, 17 

Separate fires , prosecuting for 68 

Service of warrants 61 , 66 

Shadowing, police methods in 57 

Shellac solution 36, 39 

Sheriffs: 

Action against 71 

Taking receipts from for articles 28 

Use of 61 

Short-term men, education of 1,3 

Signed statements, obtaining 46, 53 

Special investigators, making use of 2, 42 

Speed, indications of from tracks 32, 33 

Speed, necessity of in investigation work 3, 24 

Starch and salt modeling paste 37 

Starting out 23 

State fire law 10 

Interpretations of 12 

Statement, opening, in court 71, 77 

Statements of suspect at second hand, legal bearings of 47 

Statements signed, getting 46, 53 



106 INDEX. 

Page. 
Stearine and collodion solution, for strengthening worn papers. . . 40 

Subpoenas 72 

Supervisors: 

Discretion of 15, 17, 20, 21 

Responsibility of 3 

Surveyors, expert, when supplied 70 

Suspect: 

In intentional offenses, interviewing 53 

In unintentional offenses, interviewing 47 

Legal bearings of statements of at secondhand 47 

Tentative, making use of • 43 

Suspended sentence 72 

Talk, getting a witness to 45 

Telegraph, service of warrants by 63 

Temper, keeping 55 

Tests for validity of working theory 29 

Testimony: 

Impeachment of in court 75,79,80 

Inaccuracy in 48 

Organization of 68 , 71, 73,86 

Theory of the case 25, 29, 43, 46 

Threats and promises, avoiding 54 

Timber trespass 4, 21 

Time record, importance of 26 

Torn paper, piecing together 40 

Tracking, proficiency in 34 

Tracks 31 

Auto 33 

Drawing a diagram of 38 

Human and animal 31 

Making casts and replicas of 34 

Original, making for record 37 

Photographing 38 

Recording 34 

Search warrants for taking 65 

Solidifying original by means of water glass 34 

Trespass, courses of action in respect to 14, 18, 19,21 

Trespass map, preparation of 70 

Trial: 

How proceeded to after arrest 64,65 

Procedure in 76 

True case, the 28 

Unintentional offenders, interviewing 47 

Untruthfulness, study of motives for 44 

United States commissioners 90 

Value of confessions 55 

Verbal and documentary evidence, obtaining 42 

Violence, unnecessary, in serving warrants 63 

Waived land, suits for grazing trespass on 20 



INDEX. 107 

Page. 

Warrants of arrest 59 

Warrants, search 65 

Water glass, solidifying footprints by means of 34 

Willfulness of offenses, judicial interpretations of 9 

Witnesses: 

Classification of 43 

Competency of 87 

Examination of in court 77,78 

Expenses for 67 

Expert, qualification of in court 84 

Getting and preparing for court 72 

Impeachment of in court 75,79,80 

Interviewing 45, 50 

Preparing list of 69 

Working memorandum, the 68 

Working theory, the 25, 29, 43 

Worn papers, to strengthen 40 

Writing, to intensify dim 40 

Writing up notebook record 20 



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